Massachusetts Supreme Judicial Court, 1849

Timson v. Moulton

Timson v. Moulton
Massachusetts Supreme Judicial Court · Decided March 15, 1849
57 Mass. 269

Timson v. Moulton

Opinion of the Court

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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