Morton v. Godfrey L. Cabot, Inc.

As I am convinced that the decision in this case is unsound in principle and imposes an unjust burden upon a corporate defendant for a course of conduct pursued by it in good faith in reliance upon the validity of an Act of the Legislature, passed in 1939, effective June 9 of that year, generally regarded as valid by other persons subject to its provisions, and not declared to be unconstitutional until more than six years after its enactment, I respectfully but emphatically dissent.

The good faith of the defendant in withholding the payment of the principal amount deducted by it under the…