Romano v. Bono

The court finds that there was a partnership as alleged in the complaint. However, it appears that the plaintiff is faced with an insuperable barrier which precludes recovery. This barrier is the illegality which taints the agreement upon which the action is brought.

The Alcoholic Beverage Control Law forbids secret partnerships and requires licenses to be issued in the name of the true owner of the business. Since the agreement alleged by the plaintiff contemplated that the true owners of the business were to remain and did remain concealed and that a “ dummy ” was to act and did act for them…