Prude v. Sebastian
Prude v. Sebastian
Opinion of the Court
The opinion of the court was delivered by
The plaintiff sued to recover a judgment in solido against five citizens of DeSoto parish, for damages which he alleged he had suffered from their acts. He alleged that for several years prior to and up to the spring of 1890, he had owned and carried on a mercantile business in the town of Benson in that parish, his establishment constantly carrying a stock of drugs, chemicals, etc., from six hundred to one thousand dollars in value. That he realized an annual net profit out of the proceeds of the sale of said merchandise of from one thousand to fifteen hundred dollars a year. That during the winter and spring of 1899-1900, while he was lawfully engaged in carrying on his said business, he, and his agent in charge of the same, began to receive at stated intervals threatening letters, and open threats were freely indulged in and public meetings of an incendiary
The defendants prayed oyer of the threatening letters referred to and called for a detailed statement of the losses and damages he claims to have sustained.
In reply to the demand for a detailed statement of losses and damages, plaintiff filed, besides .the claim for $1500 for profits lost, the following specifications of loss and damage:
Loss of drugs and medicines .......................... $550 00
Loss of confectionaries................................ 20 00
Loss of stationery and toilet articles.................... 130 00
Damage to credit..................................... 750 00
Damage to -general reputation.......................... 400 00
Damage to feelings ................................... 350 00
Total $2,550 00
Benson, La., March 19, 1900.
Mr. John T. Prude, Oooh, Louisiana.
Dear Sir: The citizens of Benson came together this morning io take action in regard to the unlawful selling of whiskey here by Dr. Jno. Walker. Matters having come to .that pass, until the good people resolved not to submit longer. In said meeting of the citizens it wa3 resolved that Dr. Walker must leave this place, the people placing no confidence in his promise to quit dealing out whiskey. It was further resolved that you be notified that we will no longer submit to the sale or unlawful handling of whiskey in our midst. Said resolve, further, that we notify you that we have no objection to your running a drugstore here, provided you place a moral, sober man in charge and that whiskey cease once for all.
That, in the event whiskey selling is resumed here, you are hereby notified that you must assume the consequences of such actions as the citizens may take.”
Signed:
R. Y. Best.
D. H. Sebastian.
I. J. Best.
R. F. Best.
R. T. Philipps.
And numbers of other citizens of Benson.
Defendants answered. After pleading the general issue, they admitted that they had signed the letter produced and filed by the plaintiff.
They then alleged that the plaintiff had been a long time carrying on, under guise of its 'being a drugstore, an establishment at which whiskey and other intoxicating liquors were habitually sold in contravention of law; that the establishment was a disorderly house and a public and private nuisance. That the plaintiff had placed a person named Walker to conduct the business, for the reason that he held the diploma of some college as a physician, and he could and did constantly sell liquors illegally, under claim of its being sold for prescriptions for sickness. They set out what they alleged to be a history of plaintiff’s action and that of Walker in that connection in the parish. They averred that matters reached such a pass that the
They denied that plaintiff had suffered any injury to Ms feelings, credit or general reputation by reason of any act of theirs, and averred if he had suffered any injury, it was the result of his own acts.
Assuming the position of plaintiffs in reconvention, they averred that plaintiff’s suit had been promoted by malice and a spirit of revenge and to annoy and harass them; that they had been put to great expense and to great trouble, annoyance and loss of time, and they would have to pay attorneys’ fees for defending the suit. They prayed for judgment in reconvention for fifteen hundred dollars.
The case was tried by a jury which returned a verdict in favor of the defendants and against the plaintiff.
The plaintiff moved for a new trial, on the ground that the verdict was contrary to the law and the evidence. The new trial was refused, and judgment was rendered rejecting plaintiff’s demand and dismissing his suit with costs. Plaintiff appealed.
We are convinced that the breaking up of plaintiff’s establishment was due to prosecutions brought against Walker and himself for selling liquors without a license and their conviction under the charge, coupled with the fact that the carrying on of the “drugstore,” as such, would be a losing business.
If plaintiff’s business, prior to his discontinuing it in Benson, was remunerative, it was from that portion of the same which represented the illegal sales of intoxicating liquors; but even were it remunerative as a whole, we could have no means of separating the profits resulting from legitimate and from illicit trade. Plaintiff could certainly net expect a court to award him profits -on an illegal business. Cooley on Torts, Section 43, declares that “a person cannot make his own illegal action the foundation of a legal right.”
“Therefore, if, as a consequence of his own illegal -action, he suffers a wrong, he must not look to the law for redreSs. Ex dolo malo non oritur actio. ITe has invited what has come, and he must accept it.” That proposition may be too broadly stated, but- we think it applicable to this particular case.
In the case at bar no violence' to person was attempted and no attack upon property was made. Defendants went no further than to threaten the plaintiff. He construed the threat to mean that the citizens of Benson would thereafter do him personal injury and destroy his property. Defendants deny that such was the purpose of the people. However this may be, the result shows that no attack was made either on plaintiff’s person or his property. Plaintiff did not alter his conduct by reason of the threat, and the evidence shows no pecuniary damage resulting to him from it. We see no ground for supposing .that the defendants, through any act of theirs, caused injury to plaintiff’s feelings, credit or reputation.
For the reasons assigned, it is ordered, adjudged and decreed that the judgment appealed from be, and the same is hereby affirmed.
Reference
- Full Case Name
- John T. Prude v. D. H. Sebastian
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- 1 case
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- Syllabus
- Syllabus. A person cannot claim damages from another for loss of prospective profits of his business by reason of his having forced him to discontinue it by threats, where it is shown that the business which was discontinued was the illegal selling of intoxicating liquors without a license. A person cannot make the forced discontinuance of an illegal act simply through threats, the foundation of a legal right. Ex dolo malo non oritur actio. A person seeking damages should come into court with clean hands. (State vs. McMaster, 2 La. 331; Boulard vs. Calhoun, 13th Ann. 445).