Phillips v. Moses
Supreme Judicial Court of Maine
On motion. Assumpsit. Tbe plaintiffs, September 13, 1873, sued tbe defendant in tbe superior court for a balance due on account to date, of $3481.68. Tbe accounts were sent to an auditor, wbo found due tbe plaintiffs $2077.04. There was evidence at tbe trial afterwards before tbe jury that tbe defendant, wbo was a retail druggist at Bridgton, bad been a regular purchaser on open account current from tbe plaintiffs, wbo were wholesale druggists at Portland, from 1868 to about…
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On motion. Assumpsit. Tbe plaintiffs, September 13, 1873, sued tbe defendant in tbe superior court for a balance due on account to date, of $3481.68. Tbe accounts were sent to an auditor, wbo found due tbe plaintiffs $2077.04. There was evidence at tbe trial afterwards before tbe jury that tbe defendant, wbo was a retail druggist at Bridgton, bad been a regular purchaser on open account current from tbe plaintiffs, wbo were wholesale druggists at Portland, from 1868 to about the time tbe suit was commenced; that tbe amount of such purchases of all kinds was $21,711.28, and included therein…
1Opinion of the CourtBarrows, J.
One who has sold and delivered goods which may be the subject of lawful sale does not forfeit his right to recover the price thereof because he has, concurrently in point of time, made sales to the same party, in violation of law, of other goods, the sale of which is prohibited by statute. He may strike out of his account the illegal items which the law will not aid him to recover, and have judgment for what appears to be legally due. Towle v. Blake, 38 Maine, 528. Boyd v. Eaton, 44 Maine, 51. Monroe v. Thomas, 61 Maine, 582.
The purchaser of goods, the sale of which is prohibited as against…
2Cited by8 opinions
- Munford v. McVeigh'sSupreme Court of Virginia · 1896
- Marye v. StrouseUnited States Circuit Court · 1880
- Nichols, Shepherd & Co. v. KnowlesU.S. Circuit Court for the District of Minnesota · 1881
- Sawers Grain Co. v. Teagarden, Rec.Indiana Court of Appeals · 1925
- Peterborough Savings Bank v. HodgdonSupreme Court of New Hampshire · 1882
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