Conemaugh Brewing Co. v. Bennett
Superior Court of Pennsylvania
Appeal, No. 134, April T., 1915, by plaintiff, from order of C. P. Westmoreland Co., May T., 1913, No. 756, refusing to take off nonsuit in case of Conemaugh Brewing Company v. Everett Bennett. Assumpsit for beer sold and delivered. Before McConnell, J. The facts are stated iü the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
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Appeal, No. 134, April T., 1915, by plaintiff, from order of C. P. Westmoreland Co., May T., 1913, No. 756, refusing to take off nonsuit in case of Conemaugh Brewing Company v. Everett Bennett. Assumpsit for beer sold and delivered. Before McConnell, J. The facts are stated iü the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit. The plaintiff is a corporation, organized for the purpose of manufacturing and selling beer and we contend that there is nothing in the testimony to show…
1Opinion of the Court
Opinion by
Kephaut, J.,
Courts will not enforce contracts which are contrary to the policy of the law restraining and regulating the sale of liquor, or which are against public good, or which will encourage violations of the law. In ciVil actions involving directly the consideration of such agreements, the measure of proof necessary to establish the existence of such illegal act is not the same as it would be in a criminal action; and when, from the plaintiff’s evidence, a contract is shown to be founded on an illegal transaction, which is known as such and participated in by the plaintiff, it…
2Cases cited7 opinions
- Vandegrift v. VandegriftSupreme Court of Pennsylvania · 1910
- Hertzler v. GeigleySupreme Court of Pennsylvania · 1900
- W. S. Weed & Co. v. CumingSuperior Court of Pennsylvania · 1900
- Fareira v. GabellSupreme Court of Pennsylvania · 1879
- Waugh v. BeckSupreme Court of Pennsylvania · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Tucker v. BinenstockSupreme Court of Pennsylvania · 1932
- Kosco v. Hachmeister, Inc.Supreme Court of Pennsylvania · 1959
- New York & Pennsylvania Co. v. Cunard Coal Co.Supreme Court of Pennsylvania · 1926
- Rosenthal v. OstrowSupreme Court of Pennsylvania · 1926
- Edelbrew Brewery, Inc. v. WeissSuperior Court of Pennsylvania · 1951
6 more not listed; retrieve them via the Exa API.