Homer v. Engelhardt

Massachusetts Supreme Judicial Court

Homer v. Engelhardt

117 Mass. 539, 1875 Mass. LEXIS 285

CourtMassachusetts Supreme Judicial Court

DecidedMay 8, 1875

StatusPublished

Cited by18 cases

This text of 117 Mass. 539 (Homer v. Engelhardt) 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.

Bluebook

Homer v. Engelhardt, 117 Mass. 539, 1875 Mass. LEXIS 285 (Mass. 1875).

Pincite

Opinion

Endicott, J.

No action can be maintained in this Commonwealth for the price of liquor sold in violation of law. St. 1869, c. 415, § 63. If such action is brought, it is the right of the defendant to set up in his answer this provision of thp statute. It is a perfectly legitimate and legal defence, and stands as other defences stand, which the law interposes to' defeat what, under other circumstances, would be a just demand.

This publication does not charge that the plaintiff falsely or even unsuccessfully set up as a defence the existing prohibitory law. The gist of the charge is simply that he did set up such a defence. The plaintiff having the right to make this defence, it is not libellous to publish the statement that he had done so. The demurrer was rightly sustained in the court below.

Judgment for the defendant affirmed.

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Endicott, J.

No action can be maintained in this Commonwealth for the price of liquor sold in violation of law. St. 1869, c. 415, § 63. If such action is brought, it is the right of the defendant to set up in his answer this provision of thp statute. It is a perfectly legitimate and legal defence, and stands as other defences stand, which the law interposes to' defeat what, under other circumstances, would be a just demand.

This publication does not charge that the plaintiff falsely or even unsuccessfully set up as a defence the existing prohibitory law. The gist of the charge is simply that he did set up such a defence. The plaintiff having the right to make this defence, it is not libellous to publish the statement that he had done so. The demurrer was rightly sustained in the court below.

Judgment for the defendant affirmed.

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Bluebook (online)

117 Mass. 539, 1875 Mass. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homer-v-engelhardt-mass-1875.

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