Bean v. Home Detective Co.

173 S.E. 5, 206 N.C. 125, 1934 N.C. LEXIS 130

• Court: Supreme Court of North Carolina
• Decided: February 28, 1934
• Status: Published

Opinion

Stacy, C. J.

The allegations of the complaint are discreditable to both parties. They blacken the character of the plaintiff as well as soil the reputation of the defendant. As between them, the law refuses to lend a helping hand. The policy of the civil courts is not to paddle in muddy water, but to remit the parties, when in pari delicto, to their own folly. So, in the instant case, the plaintiff must fail in his suit. Miller v. Howell, 184 N. C., 119, 113 S. E., 621.

“It is very generally held — universally, so far as we are aware — that an action never lies when a plaintiff must base his claim, in whole or in part, on a violation by himself of the criminal or penal laws of the State” — Hoke, J., in Lloyd v. R. R., 151 N. C., 536, 66 S. E., 604.

The decisions of other jurisdictions, cited and relied upon by plaintiff, are easily distinguishable, and are not controlling on the allegations of the present complaint. The demurrer was properly sustained.

Affirmed.