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Excerpt from The Revised Reports, Vol. 97: Being a Republication of Such Cases in the English Courts of Common Law and Equity, From the Year 1785, as Are Still of Practical Utility; 1853-1854
Fisher v. Bridges, p. 701, was long ago censured by the learned editors of Smith's Leading Cases, and the censure has not been withdrawn by their successors, although the decision has been followed (1 Sm. L. C. 390, 1lth We cannot see anything dangerous or capricious in holding that, when a certain payment of money is among the terms of an agree ment whose principal object is a violation of the law, security given for that payment is no more enforceable than the original agreement. How far there is an indivisible illegal transaction, or how far a series of connected transactions may be lawful in part and unlawful in part, may certainly be a nice question in particular cases. But if a man chooses to give collateral security for the performance or observance of something which may be lawfully performed or observed, though an agreement to do so may not be enforceable (as being in restraint of trade or the like), it would seem argu able and indeed probable that the doctrine of Fisher v. Bridges does not apply.
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