Tandy v. Elmore-Cooper Live Stock Commission Co.
Decision Date | 08 May 1905 |
Citation | 87 S.W. 614,113 Mo.App. 409 |
Parties | A. H. TANDY, Respondent, v. ELMORE-COOPER LIVE STOCK COMMISSION CO., Appellant |
Court | Kansas Court of Appeals |
November 28, 1904;
Original Opinion of November 28, 1904 and May 8, 1905, Reported at 113 Mo.App. 409.
Judgment reversed and cause remanded.
Plaintiff insists that since there was an arbitration of the differences existing between the parties that the award in his favor, and execution of the note in compliance therewith, had the effect of eliminating the question of illegality of consideration in the use of the public lands. We do not concur in that view. The question was asked and answered in the following paragraph: [Fain v. Headerick, 44 Tenn. 327.] And it was said in Hall v. Kimmer, 61 Mich. 269, 28 N.W. 96, that "a claim being illegal and absolutely forbidden by statute could not lawfully be made the subject of arbitration." And so, in Benton v. Singleton, 114 Ga. 548, 557, 40 S.E. 811, the court said:
The weight of authority supports those cases. The laws in support of a general public policy and in enforcement of public morality cannot be set aside by arbitration, and neither will persons with a claim forbidden by the laws be permitted to enforce it through the transformation process of arbitration. Would anyone say that a claim for money to be paid for the commission of murder may be made sound and legal by being awarded by arbitrators?
Neither can the acceptance of a note for the amount awarded aid a claim for such sum. For, it is out of the power of individuals to legalize that which the law prohibits by executing a...
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