Dewey v. Dolan
Massachusetts Supreme Judicial Court
Contract for the price of a quantity of hop beer sold by the plaintiff to the defendant in 1875, before the enactment of the St. of 1875, c. 99, regulating the sale of intoxicating liquors. Writ dated September 9, 1875, which was after the above mentioned act took effect. Answer, a general denial, and that the beer was intoxicating, and the sale thereof unlawful.
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Contract for the price of a quantity of hop beer sold by the plaintiff to the defendant in 1875, before the enactment of the St. of 1875, c. 99, regulating the sale of intoxicating liquors. Writ dated September 9, 1875, which was after the above mentioned act took effect. Answer, a general denial, and that the beer was intoxicating, and the sale thereof unlawful. The defendant also filed a declaration in set-off, to recover back the price paid by him for liquors alleged to be intoxicating bought of the plaintiff in 1875, and while the St. of 1869, e. 415, was in force. At the trial in the…
1Opinion of the Court
By the Court.
The St. of 1869, e. 415, § 63, did not provide a remedy to recover a penalty or forfeiture, but prevented money paid for intoxicating liquors sold in violation of law from becoming the property of the seller. Such money therefore remained the property of the purchaser, his right to recover it depended upon the common law, and neither his property nor his right of action was affected by the repeal of the statute. The case is governed by Adams v. Goodnow, 101 Mass. 81.
Exceptions overruled.
2Cases cited1 opinion
- Adams v. GoodnowMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- McGray v. HornblowerMassachusetts Supreme Judicial Court · 1937
- Gorman v. KeoughSupreme Court of Rhode Island · 1900