Thacker v. Smith

Citations

• 103 Kan. 641
• 175 P. 983
• 1918 Kan. LEXIS 343

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Reward, for Apprehending Criminal — Deputy Sheriff a Party —Contract Illegal. The plaintiff, defendant, and-three others, including the deputy sheriff, entered into a mutual agreement to earn and • divide equally the rewards offered for the arrest and conviction of the persons guilty of a certain murder, and succeeded in bringing about such arrest and conviction, considerable of the work being done in the county where the crime was committed and of which, the officer.,referred to was deputy sheriff. The defendant collected more than one-fifth of the reward, and this action was brought by another of the group of five to compel him to pay the one-fifth claimed by the plaintiff. Held, that as the deputy sheriff could not lawfully receive any of such reward, the division agreement was void and inseparable, and the plaintiff cannot recover.</p>