Legal Opinion

M. A. Albertson & Co. v. Shenton

Supreme Court of New Hampshire

Decided June 24, 1916PublishedCited by 11 opinions

Trover, for a diamond ring. Facts agreed.' March 7, 1912, the plaintiffs’ agent sold the defendant the diamond ring for $150, and the defendant signed a lease agreeing to pay the price stated and stipulating that the title should vest in him upon payment of the full amount. Fifty-seven dollars is still unpaid. The plaintiffs’ agent had no license as a hawker and pedler, and was violating the statute when this sale was made.

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Trover, for a diamond ring. Facts agreed.' March 7, 1912, the plaintiffs’ agent sold the defendant the diamond ring for $150, and the defendant signed a lease agreeing to pay the price stated and stipulating that the title should vest in him upon payment of the full amount. Fifty-seven dollars is still unpaid. The plaintiffs’ agent had no license as a hawker and pedler, and was violating the statute when this sale was made. (P. S., c. 123, s. 1). If selling without a license is a defence, the defendant is to have judgment. Upon these facts, the court ordered judgment for the plaintiffs for…

1Opinion of the CourtParsons, C. J.

In answer to the elementary proposition that no right can be founded upon a transaction which involves a violation of law (Piper v. Railroad, 75 N. H. 435, 436, 437 and cases there cited), the plaintiffs make two claims: (1) that the imposition of a penalty for “carrying for sale or exposing for sale” is not a prohibition of a sale merely. Jones v. Berry, 33 N. H. 209; Brackett v. Hoyt, 29 N. H. 264; Williams v. Tappan, 23 N. H. 385; and (2) that the imposition of a penalty as a mere revenue regulation and not for the protection of the public is not a prohibition of the act denounced by the…

2Cases cited3 opinions

  1. Levinson v. BoasCalifornia Supreme Court · 1907
  2. Banks v. McCosker & MolloyCourt of Appeals of Maryland · 1896
  3. Mandlebaum v. GregovichNevada Supreme Court · 1882

3Cited by11 opinions

  1. Portsmouth Country Club v. Town of GreenlandSupreme Court of New Hampshire · 2005
  2. Hiram Ricker & Sons v. Students International Meditation SocietySupreme Judicial Court of Maine · 1975
  3. Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
  4. Morin v. People's Wet Wash Laundry Co.Supreme Court of New Hampshire · 1931
  5. Burque v. BrodeurSupreme Court of New Hampshire · 1932

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