Lion Brewery v. Loughran

The action was one brought to recover of the defendant the balance due on a chattel mortgage executed under seal by the defendant in favor of the plaintiff. The defendant admits the making of the chattel mortgage and the agreement to pay. He has, however, raised in his answer as an affirmative defense, the inability to complete the payments under the contract because of the enactment of the National Prohibition Act. He further pleads as a defense that he executed the said chattel mortgage relying upon the implied condition that he might lawfully enjoy the use of the premises and the fixtures…