Robinson v. Thurston

Citations

• 23 Haw. 777
• 1917 Haw. LEXIS 26

Syllabus

<p>Contract — release on conditions subsequent.</p> <p>The release of an existing debt upon conditions subsequent merely suspends the right of action thereon until such time, if ever, the event contemplated occurs. The release -will be avoided if the conditions are not complied with.</p> <p>Same — illegal contract not to he enforced by court.</p> <p>A party to an illegal contract cannot come into a court of law and ask to liave liis illegal objects carried out; nor can lie set up a case in which he must necessarily disclose an illegal purpose as the groundwork of his claim. Courts of justice will never recognize or uphold any transaction which in its object, operation or tendency is calculated to be prejudicial to the public welfare.</p> <p>Same — void as against public policy.</p> <p>The state has a general interest in the freedom of its people in the exercise of their legal and normal rights and any contract that is subversive of those rights without any benefit to the re-strainor is against public policy.</p> <p>Same — same.</p> <p>A contract which attempts to restrain another from incurring indebtedness in the sum of one thousand dollars and upwards without limit as to time or place, without benefit to the covenantee, is an unreasonable restraint of trade and void because against public policy.</p> <p>Pleading — rule of court.</p> <p>A rule of court requiring a defendant to give notice that the defense of illegality will be relied upon does not apply where the illegality appears upon the face of the plaintiff’s complaint.</p>