Timson v. Moulton

Massachusetts Supreme Judicial Court

Timson v. Moulton

57 Mass. 269

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1849

StatusPublished

This text of 57 Mass. 269 (Timson v. Moulton) 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

Timson v. Moulton, 57 Mass. 269 (Mass. 1849).

Pincite

Opinion

By the court.

There is no presumption in favor of the defendant, that he had been violating the law, by selling liquors without license. The fact of his being licensed or not was not in the peculiar knowledge of the plaintiff, the mere hired servant of the defendant. If he relied on the illegality of the contract, he should have given some evidence of the fact that rendered it so.

Exceptions overruled, with double costs for the plaintiff.

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By the court.

There is no presumption in favor of the defendant, that he had been violating the law, by selling liquors without license. The fact of his being licensed or not was not in the peculiar knowledge of the plaintiff, the mere hired servant of the defendant. If he relied on the illegality of the contract, he should have given some evidence of the fact that rendered it so.

Exceptions overruled, with double costs for the plaintiff.

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Bluebook (online)

57 Mass. 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timson-v-moulton-mass-1849.