Mound v. Barker
Supreme Court of Vermont
Debt on a Bond. Special plea and notice. Trial by court, at the March term, 1898, Rutland county, Start, J., presiding. Pro-forma judgment for the defendant to recover his costs. The plaintiff excepted.
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Debt on a Bond. Special plea and notice. Trial by court, at the March term, 1898, Rutland county, Start, J., presiding. Pro-forma judgment for the defendant to recover his costs. The plaintiff excepted. The defendant offered to show by parol evidence that at the time the lease and bond were executed the plaintiff and the lessees understood and expected that intoxicating liquors would be sold in the hotel leased, in violation of law, by the lessees, and that such liquors were sold therein with the knowledge of the plaintiff. The plaintiff objected to this evidence as contradicting and varying…
1Opinion of the CourtRoweee, J.
When an agreement, innocent in itself, is designed by one of the parties to further a purpose forbidden by the law or opposed to its policy, courts will not enforce it in favor of such party nor in favor of the other party if he is implicated in such design. Thus, when property is leased with knowledge on the part of the lessor that the lessee intends to use it for an illegal or an immoral purpose and does so use it, the rent therefor cannot be recovered. Sherman v. Wilder, 106 Mass. 537; Riley v. Jordan, 122 Mass. 231; Ernst v. Crosby, 140 N. Y. 364; 2 Taylor, Land. & Ten., 8th Ed., § 521;…
2Cases cited4 opinions
- Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881
- Ernst v. . CrosbyNew York Court of Appeals · 1893
- Riley v. JordanMassachusetts Supreme Judicial Court · 1877
- Sherman v. WilderMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Heart v. East Tennessee Brewing Co.Tennessee Supreme Court · 1908
- Grace v. CroningerCalifornia Court of Appeal · 1922
- Jacobs v. Clark and ClarkSupreme Court of Vermont · 1942
- Massachusetts Bonding & Ins. Co. v. GottliebTexas Commission of Appeals · 1929
- Jennings v. GallagherSupreme Court of Vermont · 1931
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