Doe v. Burnham
Superior Court of New Hampshire
Assumpsit, upon a promissory note, dated at Meredith, May 2,1853, made by the defendants, payable to C. O. Osgood, or order, in six months ; and before its maturity, duly indorsed to the plaintiff for a valuable consideration. Part of the original consideration of the note was spirituous liquors, sold by said Osgood to the defendants, of which the plaintiff was ignorant at the time he purchased the note.
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Assumpsit, upon a promissory note, dated at Meredith, May 2,1853, made by the defendants, payable to C. O. Osgood, or order, in six months ; and before its maturity, duly indorsed to the plaintiff for a valuable consideration. Part of the original consideration of the note was spirituous liquors, sold by said Osgood to the defendants, of which the plaintiff was ignorant at the time he purchased the note. No evidence was given whether the sale of the spirituous liquors was or was not in violation of the law. Upon these facts the defendants. requested the court to instruct the jury that the…
1Opinion of the CourtEastman, J.
It has been settled by repeated decisions in this State, that the consideration agreed to be paid for spirituous liquors sold without license and contrary to the statute, cannot be recovered. The sale being prohibited by statute, and the vendor being liable to a criminal prosecution for the selling, the traffic is made illegal and the price cannot be recovered. And it makes no difference whether the action be brought on the original contract or account, or upon á promissory note given for the amount. Caldwell v. Wentworth, 14 N. H. Rep. 431; Pray v. Burbank, 10 N. H. Rep. 337; Lewis v. Welch,…
2Cases cited15 opinions
- Rosa v. BrothersonNew York Supreme Court · 1833
- Sheldon v. ClarkNew York Supreme Court · 1806
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
- United States v. HaywardU.S. Circuit Court for the District of Massachusetts · 1815
- Morrow v. StateOhio Court of Appeals · 1913
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