Legal Opinion

Adams v. Goodnow

Massachusetts Supreme Judicial Court

Decided January 15, 1869PublishedCited by 7 opinions

Contract for money had and received, to recover from Goodnow and John S. Moulton, the price paid by the plaintiff for intoxicating liquors sold by them to him in this Commonwealth, at different times during the year 1864, in violation of law.

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Contract for money had and received, to recover from Goodnow and John S. Moulton, the price paid by the plaintiff for intoxicating liquors sold by them to him in this Commonwealth, at different times during the year 1864, in violation of law. Writ dated November 12,1866. Section 61 of the Gen. Sts. c. 86, provided that “ all payments or compensations for spirituous or intoxicating liquors sold in violation of law, whether in money, labor or personal property, shall be held to have been received without consideration, and against law, equity and good conscience; ” and was repealed in May 1868…

1Opinion of the CourtGray, J.

The purchaser of intoxicating liquors sold in violation of the eighty-sixth chapter of the General Statutes was not in paH delicto with the seller. The seller was punishable, but the purchaser was not. As to him, the transaction was not criminal, but merely void. The money or other price paid by the purchaser to.the seller was declared by the statute to “be held to have been received without consideration, and against law, equity and good conscience.” Gen. Sts. c. 86, § 61. Money so paid therefore remained the property of the purchaser, and might be recovered back as such. Jaques v.…

2Cases cited1 opinion

  1. Walan v. KerbyMassachusetts Supreme Judicial Court · 1868

3Cited by7 opinions

  1. Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
  2. McGray v. HornblowerMassachusetts Supreme Judicial Court · 1937
  3. State v. RandSupreme Court of New Hampshire · 1871
  4. Dewey v. DolanMassachusetts Supreme Judicial Court · 1876
  5. Gorman v. KeoughSupreme Court of Rhode Island · 1900

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