Dunbar v. Johnson
This text of 108 Mass. 519 (Dunbar v. Johnson) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Although the accounting together is a sufficient consideration to support a count upon an account stated, the defendant is not precluded from pleading and proving that the whole claim was founded in an illegal transaction. Thomas v. Hawkes, 8 M. & W. 140. Cocking v. Ward, 1 C. B. 858, 870. Kennedy v. Brown, 13 C. B. (N. S.) 677. Rundlett v. Weeber, 3 Gray, 263. In the present case, it is found as a fact that the account stated was founded upon sales of intoxicating liquors made in this Commonwealth in violation of law, and it does not appear that the account included any lawful items. It was therefore rightly ruled that the plaintiff could not recover.
Judgment for the defendants.
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108 Mass. 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunbar-v-johnson-mass-1871.