Wyman v. Moore
This text of 37 P. 230 (Wyman v. Moore) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This action is, substantially, to recover money alleged to have been given by plaintiff to defendants, who were brokers, to be used by the latter for the former in buying and selling wheat. The business seems to have been profitable for a while, but after-wards ended in a loss. The court found that all of the allegations of the complaint were untrue, and all the allegations of the answer true, and rendered judgment for the defendants; and plaintiff appeals from the judgment and an order denying her motion for a new trial.
We think that the judgment and order should be affirmed. Waiving the question*of the alleged illegality of the transactions about wheat—upon which illegality appellant rests her claim to a recovery—it appears that the appellant was not an innocent party to such transactions, but took part in and ratified them. Being therefore a party in pari delicto, the law leaves her where it finds her.
The judgment and order are affirmed.
De Haven, J., and Fitzgerald, J., concurred.
Hearing in Bank denied.
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Cite This Page — Counsel Stack
37 P. 230, 103 Cal. 213, 1894 Cal. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyman-v-moore-cal-1894.