Holman v Johnson

JurisdictionEngland & Wales
CourtCourt of the King's Bench
Judgment Date05 July 1775
Date05 July 1775

English Reports Citation: 98 E.R. 1120

IN THE COURT OF KING'S BENCH, CHANCERY AND COMMON PLEAS

Holman et Al'
and
Johnson, alias Newland

Distinguished, Clugas v. Penaluna, 1791, 4 T. R. 468. Doubted, Bernard v. Reed, 1794, 1 Esq. 92. Distinguished, Waymell v. Reed, 1794, 5 T. R. 600; see Bristow v. De Sequeville, 1850, 5 Ex. 278. Referred to, Taylor v. Chester, 1869, L. R. 4 Q. B. 314; Scott v. Brown [1892], 2 Q. B. 728; In re Thomas [1894], 1 Q. B. 750; Burrows v. Rhodes [1899], 1 Q. B. 823; Gedge v. Royal Exchange Assurance Corporation [1900], 2 Q. B. 220.

rfbLJCfN'ET al' versus johnson, alias newland. Wednesday, July 5th, 1775. , Action lies for goods sold abroad, which are prohibited here, if the delivery of . them be complete abroad: tho' the vendor knows they are to be run into -. England. ;. 3 1. Ic/t.rp. [Distinguished, Clugas \.Penalwna, 1791, 4 T. R. 468. Doubted, Bernard v. Seed, K.B.ti794 1 Esp. 92. Distinguished, Waymell v. Reed, 1794, 5 T. R. 600 ; see Bristmu v. i# /6'-?£e Sequeville, 1850, 5 Ex. 278. Referred to, Taylor v. Chester, 1869, L. R. 4 Q. B. 314; Scott v. Brown [1892], 2 Q. B. 728; In re Thomas [1894], 1 Q. B. 750; Burrows v. Shades [18991 1 Q. B. 823 ; Gedge v. Royal Exchange Assurance Gorpm-a- titm [1900], 2 Q. B. 220.] _ Assumpsit for goods sold and delivered : plea non assumpsit and verdict for the plaintiff. Upon a rule to shew cause why a new trial should not be granted, Lord Mansfield reported the case, which was shortly this : the plaintiff who was resident at, and an inhabitant of, Dunkirk, together with his [342] partner, a native of that place, sold and delivered a quantity of tea, for the price of which the action was brought, to the order of the defendant, knowing it was intended to be smuggled by him into England : they had, however, no concern in the smuggling scheme itself, but merely sold this tea to him, as they would have done to any other person in the common and ordinary course of their trade. Mr. Mansfield, in support of the rule, insisted, that the contract for the sale of this tea being founded upon an intention to make an illicit use of it, which intention and purpose was with the privity and knowledge of the plaintiff, he was not entitled to the assistance of the laws of this country to recover the value of it. He cited Huberus 2 vol. 538, 539, and Robinson v. Bland,* to shew that the contract must be judged of by the laws of this country, and consequently that an action for the price of the...

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261 cases
  • Regazzoni v K. C. Sethia (1944) Ltd
    • United Kingdom
    • House of Lords
    • 21 October 1957
    ...but in the latter part his language is more comprehensive and clearly refers to the cases that I have cited, and particularly also to Holman v. Johnson, 1 Cowper 34, and the observation of Lord Mansfield often repeated and often criticised: "No country ever takes notice of the revenue laws ......
  • Anderson v Cooke
    • Ireland
    • High Court
    • 29 June 2005
    ...Henwood v. Municipal Tramways Trust (S.A.)UNKUNKUNK (1938) 60 C.L.R. 438; (1938) A.L.R. 312; (1938) 12 A.L.J. 101. Holman v. JohnsonENR (1775) 1 Cowp. 341. Jackson v. HarrisonUNKUNKUNKUNK (1978) 138 C.L.R. 438; (1978) 52 A.L.J.R. 474; (1978) 19 A.L.R. 129; (1978) 52 A.L.J. 703. Jaensch v. C......
  • Valgardson v Chestnut
    • Cayman Islands
    • Grand Court
    • 17 October 2007
    ...Servs. PTE Ltd., [2003] I.C.R. 766; [2003] P.I.Q.R. P17; [2002] EWCA Civ 1821, distinguished. (5) Holman v. Johnson (alias Newland)ENR(1775), 1 Cowp. 341; 98 E.R. 1120; [1775–1802] All E.R. Rep. 98, distinguished. (6) Lim Chin Aik v. R., [1963] A.C. 160; [1963] 1 All E.R. 223; (1962), 106 S......
  • Datuk Ong Kee Hui v Sinyium Anak Mutit
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
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2 firm's commentaries
  • Place your bets: contract, restitution and illegality
    • United Kingdom
    • JD Supra United Kingdom
    • 22 September 2016
    ...the claim: “No court will lend its aid to a man who founds his case upon an immoral or an illegal act” (Lord Mansfield Holman v Johnson (1775) 1 Cowp 341). However, the exact degree and nature of illegality which is required under English law to defeat such a claim has never been Money paid......
  • Illegality – No Bar To Recovery
    • United Kingdom
    • Mondaq UK
    • 9 November 2016
    ...which bars the claimant if he relies on the illegality in order to bring the claim. The judgment also suggests that Holman v Johnson [1775] 1 Cowp 341, where Lord Mansfield said "no court will lend its aid to a man who founds his cause of action upon an immoral or illegal act", will not be ......
11 books & journal articles
  • CONTRACTUAL ILLEGALITY AND CONFLICT OF LAWS
    • Singapore
    • Singapore Academy of Law Journal Nbr. 1995, December 1995
    • 1 December 1995
    ...and Lord Keith of Kinkel held the view that the claimant who sought to recover his property must come to equity with clean hands. 290 (1775) 1 Cowp. 341. 291 [1993] 3 W.L.R. 126 at 132H. 292 [1994] 2 S.L.R. 431. 293 Ibid., at 436B per Lai Siu Chiu J.C. (as she then was). 294 See for instanc......
  • VITIATING FACTORS IN CONTRACT LAW — THE INTERACTION OF THEORY AND PRACTICE
    • Singapore
    • Singapore Academy of Law Journal Nbr. 1998, December 1998
    • 1 December 1998
    ...causa non ortitur actio” (ie, “out of a base consideration, an action will not arise”). See also per Lord Mansfield in Holman v Johnson(1775) 1 Cowp 341 at 343, 98 ER 1120 at 1121. The state of mind of the parties is irrelevant. However, I leave aside, for the purposes of this article, disc......
  • REFORMING ILLEGALITY IN PRIVATE LAW
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2009, December 2009
    • 1 December 2009
    ...No 160, 2001. 65 Paula Giliker, “Restitution, Reform and Illegality: An End to Transactional Uncertainty?”[2001] SJLS 102 at 103. 66 (1775) 1 Cowp 341. 67 Law Commission of England and Wales, Illegal Transactions: The Effect of Illegality on Contract and Trust (Consultation Paper No 154, 19......
  • Contracts and the Implied Freedom of Political Communication
    • United Kingdom
    • Federal Law Review Nbr. 49-1, March 2021
    • 1 March 2021
    ...Atiyah, The Rise and Fall of Freedom of Contract (Clarendon Press, 1979) 681–715, 726–63. See especially731–42.188. Holman v Johnson (1775) 1 Cowp 341; 98 ER 1120 (Lord Mansfield); Sir David Hughes Parry, The Sanctity ofContracts in English Law (Stevens & Sons, 1959) 51–6.189. W S W Knight,......
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