Harding v. Hagar
Cases that cite this one
2 later published cases cite this decision.
- Thacher Hotel, Inc. v. Economos (Me. 1964)
- Lloyd v. Johnson (D.C. Cir. 1916)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is not denied that the plaintiff was a commercial broker within the definition given in U. S. statute of 1864, c. 173, §79, art. 14, as his business was ‘to negotiate freight, and other business for the owners of vessels.’ Such broker was required to pay twenty dollars for a license. By § 73 it is made a highly penal offense for any person, of whom a license is required, to do any act ‘ for the exercising, carrying on, or doing of such business, trade, or profession, without taking out such license.’
The plaintiff sues to recover payment for such acts. It is too well settled to require the citation of authorities; that no party can recover for acts or services done in direct contravention of an express statute, or for property so sold and delivered. When the case develops such forbidden acts, unless protected by a license or authority, it is incumbent on the plaintiff to show such license. ‘ Otherwise,’ as stated by the defendant’s counsel, in his brief, ‘ he comes into court avowing acts, which, done without a license, are prohibited, as the basis of his action, and recovers without proof of the fact necessary to make them lawful.’ State v. Whittier, 21 Maine, 341; State v. Crowell, 25 Maine, 171; State v. Churchill,
Exceptions sustained.
New trial granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.