Northland Transportation, Inc. v. McElhose

Hannon, Judge.

In this action the plaintiff, Northland Transportation, Inc. (Northland), sued to recover $19,232.07 it claimed to have loaned the defendant, Gordon McElhose. McElhose defended upon the basis that any money he might owe Northland originated from an illegal transaction engaged in by the parties and that therefore Northland could not recover. The trial court refused to accept the defense of illegality and directed a verdict against McElhose at the close of evidence. We conclude that under the facts in this case, the defense of illegality was not available to McElhose because…