An Epitome of Leading Common Law Cases With Some Short Notes Thereon Chiefly I

Cover An Epitome of Leading Common Law Cases With Some Short Notes Thereon Chiefly I
An Epitome of Leading Common Law Cases With Some Short Notes Thereon Chiefly I
John Indermaur
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Vol. I. P. 667. ) (2 Wilson 34L) In this case the plaintiff sued on a bond executed by certain parties, of whom the defendant was one, the obligation of which was ^^700 conditioned for payment of ;!^350. The defendant pleaded the following facts, which showed that the consideration though not ap- pearing on the face of the bond was illegal : Certain parties were prosecuted for perjury by one John Rudge, and pleaded not guilty. According to an arrangement the plaintiff gave his promissory note t...o the prose- cutor, John Rudge, he to forbear further prosecuting, and as part of the arrangement the bond on which plaintiff sued was executed to indemnify him. The question was whether such a plea was good. Decided: That the plea was good, for illegality may be pleaded as a defence to an action on a bond.
Notes. — It will be observed that the instrument was one under seal, and that the case decides that though so under seal, and notwithstand- ing the rule that a contract under seal is binding on the party making it, whether there is a consideration or not, the defendant was not estopped from setting up the illegality.


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