Walan v. Kerby
Massachusetts Supreme Judicial Court
Contract on an account annexed for “ money and board and other compensations received by the defendant of the plaintiff for spirituous and intoxicating liquors illegally sold by the defendant to the plaintiff; ” with a count for money had and received; and a special count alleging that the defendant had received of the plaintiff the sum sued for “in payments and other compensations for spirituous and intoxicating liquors sold by the defendant to the plaintiff in violation of…
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Contract on an account annexed for “ money and board and other compensations received by the defendant of the plaintiff for spirituous and intoxicating liquors illegally sold by the defendant to the plaintiff; ” with a count for money had and received; and a special count alleging that the defendant had received of the plaintiff the sum sued for “in payments and other compensations for spirituous and intoxicating liquors sold by the defendant to the plaintiff in violation of law, and which said money and other compensations were received without consideration, and against law, equity and good…
1Opinion of the CourtFoster, J.
“ All payments or compensations for spirituous or intoxicating liquors sold in violation of law, whether in money, labor or personal property, shall be held to have been received without consideration, and against law, equity and good conscience.” Gen. Sts. c. 86, § 61. This explicit and stringent provision of the statute admits of no other construction than that such payments may be recovered back in an action for money had and received. The seller and buyer of intoxicating liquors sold in violation of law are not in pa/ri delicto, because the latter is guilty of no offence. Commonwealth v.…
2Cited by9 opinions
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Wakeman v. ChambersSupreme Court of Iowa · 1886
- State v. GesellSupreme Court of Minnesota · 1917
- Adams v. GoodnowMassachusetts Supreme Judicial Court · 1869
- Smart v. WhiteSupreme Judicial Court of Maine · 1882
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