Digestive Ferments Co. v. American Chemical Laboratories

Opinion by

Keller, J.,

The affidavit of defense filed in this case might have been more definite and explicit in a number of particulars. But we think it fairly alleges a violation by the plaintiff of the Federal Food and Drugs Act (Act of Congress of June 30, 1906, c. 3915, 34 Stat. 768; XT. S. Comp. Stat., sections 8717-8724; Barnes Fed. Code, sections 8334-8340) with respect to two of the items for which recovery is sought in this action, and if so, it constituted a good defense as to those items. Whenever it appears that the plaintiff’s claim rests upon an illegal foundation, the court will…