Any act which is forbidden either by the common or the statutory law - whether it is malum in se or merely malum prohibitum,3 indictable, or only subject to a penalty or forfeiture,4 or however otherwise prohibited by a statute or the common law - cannot be the foundation of a valid contract, nor can anything auxiliary to, or promotive of, such act. And this doctrine is the same in the equity tribunals as in those of law.5 6

This rule, however, extends even further than to cases expressly prohibited by the common or statutory law. Any contract which is in violation of the implied meaning of any law, or which is against public policy, will likewise be unenforceable.7

1 Reynolds vs. Nichols, 2 Iowa, 398 - 403; Lemon vs. Grosskoff, 22 Wis., 447-452; People vs. Gas Trust Co., 130 111. P., 268, 22 N. E., 798; Robinson vs. Hamilton, 41, p. 239; 69, p. 651.

• Bank of United States vs. Owens, 2 Peters, 527, 538-9.

3 Cannon vs. Bryce (X. S.), 508, 179, 183, 184.

4 Bartlett vs. Vinor, Carth., 251.

5 Ante Sec. 427; In re Cork, etc,

Ry. Law Rep., 4 Ch. Ap., 748, 762.

• Bishop on Contracts, Sec. 471.

7 Jones vs. Randall Comp., 37, 39; Reynolds vs. Nichols, 12 La., 398: Odineal vs. Barry 24 Miss. P; Peterson vs. Christen-sen, 26 Minn., 377.