West Headnote of the Day – December 4, 2009

December 4, 2009

West's Key 13 Action
West's Key 13I Grounds and Conditions Precedent
West's Key 13k4 k. Illegal or Immoral Transactions.

The defense of in pari delicto is intended for situations in which the victim is a participant in the misconduct giving rise to his claim, as in the classic case of the highwayman who sued his partner for an accounting of the profits of the robbery they had committed together.
Cowan Bros., L.L.C. v. American State Bank, 743 N.W.2d 411 (S.D. 2007)

13 Action
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