Backman v. Jenks
New York Supreme Court
THIS action was brought against the defendant as maker of two promissory notes, one for $364.62, at one day from date, the other for' $100, at four months, both dated September 5, 1860. The notes were given in renewal of other notes, the consideration of which was liquors sold by the plaintiff to the defendant.
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THIS action was brought against the defendant as maker of two promissory notes, one for $364.62, at one day from date, the other for' $100, at four months, both dated September 5, 1860. The notes were given in renewal of other notes, the consideration of which was liquors sold by the plaintiff to the defendant. The defendant was a hotel-keeper, and a resident of the State of Vermont, at the time of the purchase of the liquors, and has continued a resident of that State ever since. The plaintiff' is a resident of the State of Hew York. The defendant interposed as a defense the statute of…
1Opinion of the Court
By the Court, Bockes, J.
The statute of Vermont, on • which the defense in this case rested, declared that no action should be had or maintained, in any court of that state, for the recovery or possession of intoxicating liquors, or the value thereof, except such as was sold or purchased in accordance with its provisions; and it must be conceded that if the contract of sale which constituted the original consideration of the notes in suit was made in Vermont, and was there to be performed, the transaction was illegal and void, and gave no right of action, there or elsewhere. The nonsuit was…
2Cases cited3 opinions
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Hyde v. . GoodnowNew York Court of Appeals · 1850
- Western v. . the Genesee Mutual Insurance Co.New York Court of Appeals · 1855
3Cited by6 opinions
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Hobbie v. JennisonU.S. Circuit Court for the District of Eastern Michigan · 1889
- Aiken, Lambert & Co. v. Haskins, New York County Courts1899
- American Case and Register Co. v. GriswoldNew York Supreme Court · 1910
- Angell v. Van SchaickNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.