Melchoir v. McCarty
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Trempealeau County. The complaint states but a single cause of action, which is upon an account stated.
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APPEAL from tbe Circuit Court for Trempealeau County. The complaint states but a single cause of action, which is upon an account stated. The answer, among other defenses, avers that any claim which the plaintiff may have against the defendant arose from the sale and delivery to him by the plaintiff, of spirituous and intoxicating liquors, all of which were so sold and delivered on Sunday; and further, that when the plaintiff sold and delivered the same, he had no license so to do, as required by law. The action was commenced in a justice’s court, where the plaintiff recovered. The. defendant…
1Opinion of the CourtLyoN, J.
The general rule of law is, that all contracts which are repugnant to justice, or founded upon an immoral consideration, or which are against the general policy of the common law, or contrary to the provisions of any statute, are void; and that, if a party claiming a right to recover a debt is obliged to trace his title or right to the debt through any such illegal contract, he cannot recover, because he cannot be allowed to prove the illegal contract as the foundation for his right of recovery. It is quite immaterial whether such illegal contract be malum in se, or only malum prohibitum. In…
2Cases cited13 opinions
- Adams v. GaySupreme Court of Vermont · 1847
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Holmes v. D'CampNew York Supreme Court · 1806
- Smith v. WareNew York Supreme Court · 1816
- Dodson v. HarrisSupreme Court of Alabama · 1846
8 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Hill v. StateSupreme Court of Alabama · 1915
- Gibbs & Sterrett Manufacturing Co. v. BruckerSupreme Court of the United States · 1884
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Menominee River Boom Co. v. Augustus Spies Lumber & Cedar Co.Wisconsin Supreme Court · 1912
- Everingham v. MeighanWisconsin Supreme Court · 1882
35 more not listed; retrieve them via the Exa API.