| Samuel Owen - Law - 1846 - 494 pages
...note was clearly illegal, and insufficient to support it. Parker, Chief Justice, said, No principle is better settled than that no action will lie upon...of a statute or of a principle of the common law. In tho case of the Springfield Bank v. Merrick, 14 Mass. 322, it was held that where the statute had... | |
| Peleg Sprague, United States. District Court (Massachusetts) - Admiralty - 1861 - 674 pages
...at the bar. The Chief Justice, in delivering the opinion of the court, says : " No principle of law is better settled than that no action will lie upon...of a statute, or of a principle of the common law," thus in terms rejecting the distinction now set up. In Moody v. Ward, 13 Mass. 299, the defendant,... | |
| Peleg Sprague, United States. District Court (Massachusetts) - Admiralty - 1861 - 674 pages
...at the bar. The Chief Justice, in delivering the opinion of the court, says : " No principle of law is better settled than that no action will lie upon...of a statute, or of a principle of the common law," thus in terms rejecting the distinction now set up. In Moody v. Ward, 13 Mass. 299, the defendant,... | |
| United States. Supreme Court - Law reports, digests, etc - 1870 - 820 pages
...oritur actio. In Jlussell v. Wheeler,* the Supreme Court of Massachusetts say : " No principle of law is better settled, than that no action will lie upon...of a statute, or of a principle of the common law." In Shiffner v. Gordon,^ Lord Elleuborough laid « 17 Massachusetts, 281. f 12 East, 30t Argument for... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 716 pages
...Russell, 17 Mass. 258, the chief justice, in giving the opinion of the court, says : " No principle of law is better settled, than that no action will lie upon...of a statute, or of a principle of the common law." It is also a well-settled principle of law, that if the plaintiff cannot make out his claim without... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1870 - 722 pages
...Russell, (17 Mass. R. 281,) snys the chief justice : "No Weitzfelder v. Kahnweiler. principle of law is better settled than that no action will lie upon a contract made in violation of a statute or a principle of the common law." (See also Springfield Bank v. Merrick, 14 Mass. R. 322 ; Russel v.... | |
| George Washington Field - Ultra vires - 1881 - 620 pages
...the late Chief Justice, in delivering the opinion of the court, remarked : " that uo principle of law is better settled than that no action will lie upon...statute, or of a principle of the common law." The same principle is laid down in Springfield Bank v. Mcrriok, 14 Mass. R., 322; and in Russell v. De... | |
| Law - 1883 - 572 pages
...Practice, p. 398, the author says: "It is clear no right of action can spring out of an illegal contract, that no action will lie upon a contract made in violation of a statute, or of a principle of theconimou law." The distinction in some of the old cases between malum prohibition and malum in se,... | |
| Law reports, digests, etc - 1884 - 1062 pages
...sale was void. In delivering the opinion of the court the chief justice said: "No principle of law is better settled than that no action will lie upon...of a statute or of a principle of the common law." In White v. Franklin Bank, 22 Pick., 181, it Avas held that when, upon the making of a deposit in a... | |
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