Deans v. Robertson

Mississippi Supreme Court October 15, 1886

Deans v. Robertson, 64 Miss. 195 (Miss. 1886)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

*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.

Qui hceret in litera, hceret in cortice.

But 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.

Affirmed.

Reference

Full Case Name: William Deans and Wife v. W. H. Robertson
Cited By: 5 cases
Status: Published
Syllabus: 1. Promissory Note. And trust-deed. Void under § 589, Code of 1880. Rights of assignee. A promissory note and. deed of trust to secure it given for goods purchased from a merchant doing business without having paid the tax and obtained the privilege license prescribed by the statute, and which on that account are null and void in the hands of such merchant, under § 58,9, Code of 1880, are also void in the hands of the assignee of such merchant or any one deriving through him. 2. Same. And trust-deed. Void under § 589, Code of 1880. Rill to ■cancel. Tender. Chancery practice. The act in relation to public revenues, Code of 1880, requires every merchant to pay a tax and obtain a privilege license for conducting his business, and provides, in § 589, that “ all contracts made with any person who shall violate this act, in reference to the business carried on in disregard of this law, shall ' be null and void so far only as such persons may base any claim upon them, and no suit shall be maintainable in favor of such person on any such contract.” A bill in chancery to cancel a promissory note and deed of trust null and void under the provision above quoted cannot be maintained by the debtor • without a tender of the amount for which such note was given.