Laport v. Bacon
Supreme Court of Vermont
General Assumpsit for money paid for liquor sold in violation of law. The case was referred before the plaintiff had filed specifications, and when the general issue was the only plea pleaded. After the hearing before the reference had been once continued, the defendant filed a plea in offset for money paid for liquor sold in violation of law, and at the final hearing before the referee, the plaintiff filed specifications of his claim.
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General Assumpsit for money paid for liquor sold in violation of law. The case was referred before the plaintiff had filed specifications, and when the general issue was the only plea pleaded. After the hearing before the reference had been once continued, the defendant filed a plea in offset for money paid for liquor sold in violation of law, and at the final hearing before the referee, the plaintiff filed specifications of his claim. The defendant objected at the hearing that plaintiff could not recover under the general counts ; but the referee ruled otherwise, and admitted the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The statute for recovering back compensation paid for liquor sold in violation of law, provides that all such compensation “ shall be held and considered to have been received *178in violation of law, without consideration, and against law, equity, and good conscience, and may, in an appropriate action, be recovered back, it being alleged in the declaration that the money, labor, or personal property so held, was received and is held to the use of the plaintiff.” This action is upon the common counts in assumpsit, and it is urged that such…
2Cases cited1 opinion
- Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
3Cited by4 opinions
- Merchants' & Miners' National Bank v. BarnesMontana Supreme Court · 1896
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Lyndon Granite Co. v. FarrarSupreme Court of Vermont · 1880
- Yearteau v. Bacon's EstateSupreme Court of Vermont · 1892