Ager v. Duncan

Citations

• 50 Cal. 325

Syllabus

<p>Promissory Note.—If A. and B. enter into partnership, and B. is to furnish, one thousand dollars as his part of the capital, and B. hands the money to C. to deliver to A., and A. when he receives it gives C. his promissory note for it, the note is given without consideration.</p> <p>Enpoecinq Fraudulent Contract.—If an action is commenced on a note given and received with an intent to defraud creditors, as soon as the fraud is made to appear, the court will refuse to enforce payment, and will leave the parties as they were, no matter which party first exposes the fraud.</p> <p>Courts will not Aid a Fraud.—A court will not enforce an executory contract founded on the mutual turpitude of the parties, and if the contract has been executed, it will not aid either party to escape its consequences.</p>