Mitchell v. Branham
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Row. R. G. Riley, Judge. (1) Tbe court erred in overruling tbe objections of tbe defendant to tbe introduction of any testimony because the petition of plaintiff failed'to state a cause of action. Tbe sale of intoxicating liquors is by law illegal, and where a contract conflicts with tbe law and morals of tbe time and contravenes an established interest of society, it is void as being against public policy.
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Appeal from New Madrid Circuit Court. — Row. R. G. Riley, Judge. (1) Tbe court erred in overruling tbe objections of tbe defendant to tbe introduction of any testimony because the petition of plaintiff failed'to state a cause of action. Tbe sale of intoxicating liquors is by law illegal, and where a contract conflicts with tbe law and morals of tbe time and contravenes an established interest of society, it is void as being against public policy. Tbe petition on its face discloses tbe illegal and immoral nature of the contract, and that snch contract, even had it been made, was or would have…
1Opinion of the CourtGoode, J.
In 1901 the appellant was conducting a saloon in the town of Portageville, in New Madrid county, but in September of that year he sold his building, saloon, fixtures and good-will to the respondent, and according to the testimony of the latter and other witnesses, agreed to abstain from the saloon business in that town for three years, and to use his influence ti> *484throw custom to the respondent. The consideration paid by Mitchell was upwards of $2,300 and there is much testimony to show that a good part of the price was intended to compensate the appellant for refraining from competing with…
2Cases cited27 opinions
- Miller v. AmmonSupreme Court of the United States · 1892
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Wood v. . Erie Railway CompanyNew York Court of Appeals · 1878
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3Cited by9 opinions
- Prentice v. RoweMissouri Court of Appeals · 1959
- Hedden v. SchneblinMissouri Court of Appeals · 1907
- Sawyer v. ThomasMissouri Court of Appeals · 1905
- Sursa v. CashMissouri Court of Appeals · 1913
- Bird v. BilbyMissouri Court of Appeals · 1919
4 more not listed; retrieve them via the Exa API.