Fuller v. Bean
Superior Court of New Hampshire
Trespass, for taking and carrying away a quantity of goods on the 14th of August, 1852, alleged to be the property of the plaintiff, amounting to the sum of $627,83, and consisting principally of liquors.
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Trespass, for taking and carrying away a quantity of goods on the 14th of August, 1852, alleged to be the property of the plaintiff, amounting to the sum of $627,83, and consisting principally of liquors. The plea was the general issue, with a brief statement that the defendant was a deputy sheriff; that John Felton, of Boston, holding a note against David G. Fuller for the sum of $437,39, and dated on the 13th of May, 1852, brought a suit on the note on the 14th of August, 1852, and attached the goods for which this action was brought, and entered it in the court, where it was still pending,…
1Opinion of the Court
"Woods, C. J.
The note in suit, to secure which the liquors were attached, was given for liquors sold in this State in violation of the license law. It is no matter that it was given in Boston. The consideration of the note was nevertheless illegal, and for that cause the note is void. Clark v. Ricker, 14 N. H. Rep. 44; Lewis v. Welch, 14 N. H. Rep. 294; Carleton v. Bailey, 7 Foster’s Rep. 230; Carleton v. Woods, 8 Foster’s Rep. 290. Felton, then, does not stand in the relation of a creditor to D. G. Fuller, having no lawful claim against him, and so is in no condition to question the validity…
2Cases cited2 opinions
- Lewis v. WelchSuperior Court of New Hampshire · 1843
- Clark v. RickerSuperior Court of New Hampshire · 1843