Finch v. Mansfield
Massachusetts Supreme Judicial Court
Contract on two promissory notes. Defence, that the consideration of each of the notes, in whole or in part, was the price of intoxicating liquors sold in violation of law. The plaintiffs were grocers at New Haven, Connecticut. The defendant was an innkeeper at South Deerfield, Massachusetts.
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Contract on two promissory notes. Defence, that the consideration of each of the notes, in whole or in part, was the price of intoxicating liquors sold in violation of law. The plaintiffs were grocers at New Haven, Connecticut. The defendant was an innkeeper at South Deerfield, Massachusetts. At the trial in the superior court, before 1Wilkinson, J., Francis D. Whiting testified that in June 1865 he was employed by the plaintiffs as a “ runner,” his business being to solicit orders; that about the middle of that month he came to the defendant’s inn at South Deerfield, and solicited an order…
1Opinion of the CourtHoar, J.
If the consideration of the notes on which _ the plaintiffs sued was intoxicating liquors sold in this commonwealth ih violation of law, or sold for the purpose, known to the seller, of being again sold therein contrary to law, the defence must prevail.
The first question is, whether the sale was made in Massachusetts or in Connecticut. The plaintiffs, who were traders in Connecticut, might lawfully sell the liquors there, unless they knew that they were intended to be used in violation of the laws of Massachusetts. If the plaintiffs’ agent had no authority to sell for them, but only to…
2Cited by25 opinions
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- Graves v. JohnsonMassachusetts Supreme Judicial Court · 1892
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
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