 | Law reports, digests, etc - 1883 - 632 pages
...ruled in a number of earlier cases. In Swan v. Scott (n S. & R. 164) it was said by Justice DUNCAN: "The test whether a demand connected with an illegal...enforced at law is whether the plaintiff requires the aid of the illegal transaction to establish his case." The converse of this proposition is equally... | |
 | Law reports, digests, etc - 1885 - 968 pages
...his cause of action upon. It is said in the brief of counsel for plaintiff in error (defendant below) that "the test whether a demand connected with an illegal transaction is capable of being enforced by law is whether the plaintiff requires the aid of the illegal transaction to establish his case;"... | |
 | Lancelot Feilding Everest, Edmund Strode - Estoppel - 1884 - 600 pages
...duties, and an assumption of a false character, contrary to the real status personce (&). The true test whether a demand connected with an illegal transaction is capable of being enforced at law or not, depends on the question, whether or not plaintiff requires any aid from the illegal transaction... | |
 | Frederick Scott Wait - Creditors' bills - 1884 - 808 pages
...contracts of an illegal character.1 It has been laid down by the New York Court of Appeals as a test that whether a demand connected with an illegal transaction is capable of being enforced at law, depends upon whether the party requires any aid from the illegal transaction to establish the case.2... | |
 | Law reports, digests, etc - 1901 - 1156 pages
...enforcement of this illegal contract. As was said by .fudge Duncan in Swan v. Scott, 11 Serg. & R. 104 1 "The test whether a demand connected with an illegal transaction is capable of being enforced is whether the plaintiff requires the aid of the illegal transaction to establish his case. If the... | |
 | Law reports, digests, etc - 1885 - 754 pages
...v. Randall (4). But in the present case the illegal purpose seems to have been effected. BRETT, MR The test whether a demand connected with an illegal...aid from the illegal transaction to establish his case : Simpson v. Bloss. (5)] In Cripps v. Hartnoll (6) the promise to indemnify was not made by the... | |
 | Law reports, digests, etc - 1910 - 1132 pages
...defense Is set up. It is only necessary to refer to Swan v. Scott, 11 Serg. & R. 155, where it is said: "The test whether a demand connected with an illegal...enforced at law is whether the plaintiff requires the aid of the Illegal transaction to establish his case. If a plaintiff cannot open his case without... | |
 | Law reports, digests, etc - 1905 - 1156 pages
...show that the demand for which it was obtained originated in an illegal transaction. The court said: "The test whether a demand connected with an illegal...enforced at law is whether the plaintiff requires the aid of the illegal transaction to establish his case. If the plaintiff cannot open his case without... | |
 | Law reports, digests, etc - 1894 - 1150 pages
...the illegal nature of the original transaction will not be inquired into. The test, however, as to whether a demand connected with an illegal transaction...enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case. If the plaintiff cannot open his case without... | |
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The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case. 
