Deans v. Robertson

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Hon. F. A. Ceitz, Chancellor. From January 1, 1883, to February 5, 1886, W. H. Robertson & Co. were carrying on the business of merchants without a privilege license. During that time William Deans became indebted to them for goods bought in the sum of five hundred and ninety-three dollars and eighty-five cents.

Cited by 2 later decisions — most recently October 1920

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

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Campbell, J.,

¶1delivered the opinion of the court.

¶2 *198The notes and deed of trust to secure them were' “ null and void” by § 589 of the code in the hands of W. H. Robertson & Co. and any person deriving from them. Incurable infirmity infected the contract, and was in no way helped by the transfer, ho'wever innocent may have been the transferree or what value was paid. The claim that the statute applies to the contract only in the hands of the guilty violator of the law is not sound.

¶3Qui hceret in litera, hceret in cortice.

¶4But it is true that who seeks equity must do equity, and that a bill to cancel a contract on the ground of illegality will not be maintained unless it offers to pay what is justly due, and on this ground the demurrer was properly sustained. 1 Pomeroy’s Eq. Jur., § 391; 1 Story’s Eq. Jur., § 642.

¶5Affirmed.