Bush v. Hessig-Ellis Drug Co.

The Hessig-Ellis Drug Company sued Bush upon an account stated. The defendant pleaded that the goods shipped to him were intoxicating liquors, and that the consideration was therefore illegal. He sought also to plead tender. By an amendment, which was stricken upon- demurrer, he set out certain representations alleged to have been made to him by the agent of the plaintiff, in regard to the non-intoxicating quality of the beverage which was the subject-matter of the contract between the parties, and in reference to a certificate, which it was alleged was to be forwarded from some officer of…