Sec 374

Nor can a party recover the price of goods supplied for an immoral purpose.4 Thus, the price of goods sold for the purpose of carrying on a house of ill-fame cannot be recovered,5 nor can the rent of a house for the same purpose.6 In such cases, however, the scienter must be established, and it must be shown that the intention of the vendor or the lessor was to further the commission of the wrong, and that this was the object of the bargain.7 If these conditions exist, an assignor not appear on the face of the instrument, relief may be given to a particeps criminis in equity."

So as to goods or houses furnished for immoral purposes.

It should be added that, as in this country illicit cohabitation is an indictable offence, agreements to encourage it are invalid, exclusive of other grounds, on the ground of this indicta-bility.

1 Gray v. Matthias, 5 Ves. 286; Hall v. Palmer, 3 Hare, 532; Shenk v. Mingle, 13 S. & R. 29; Cusack v. White, 2 Const. St. Rep. 285; Brown v. Kinsey, 81 N. C. 245. A covenant, by parties who have been living in illicit cohabitation, but who have separated, for an annuity to the woman with a proviso that it cease upon the parties living together again, is valid; though the proviso is void. Naden parte, L. R. 9 Ch. 670.

2 Smith v. Roche, 6 C. B. (N. S.) 223.

As to agreements of this kind, see infra, sec 525; Stephens v. Spiers, 25 Mo. 386; Thompson v. Nelson, 28 Ind. 481.

3 Infra, sec 525.

4 See infra, sec 707 et seq.

5 Hamilton v. Grainger, 5 H. & N. 40; Pearce v. Brooks, L. R. 1 Ex. 213.

6 Supra, sec 348; Leake, 2d ed. 762; Girarday v. Richardson, 1 Esp. 13; Appleton v. Campbell, 2 C. & P. 347; Jennings v. Throgmorton, Ry. & M. 251; U. S. v. Gray, 2 Cranch C. C. 675; Com. v. Harrington, 3 Pick. 26; Riley v. Jordan, 122 Mass. 231; Dyott v. Pendleton, 8 Cow. 727; Smith v. State, 6 Gill, 425; State v. Potter, 30 Iowa, 587.

7 Appleton v. Campbell, 2 C. & P. 347; Bowry v. Bennett, 1 Camp. 348; Lloyd v. Johnson, 1 B. & P. 340; Jennings v. Throgmorton, Ry. & M. 251; State v, Williams, 1 Vroom, 102.