57 Mass. 269
Massachusetts Supreme Judicial Court
Decided March 15, 1849
Massachusetts Supreme Judicial Court · decided 1849-03-15
This was an action of assumpsit, to recover the sum of $67, for work and labor by the plaintiff for the defendant, according to an account annexed to the writ. The plaintiff relied upon the quantum meruit count, and the defendant pleaded the general issue, without any specification of defence.
Decided 1849-03-15
¶1There 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.
¶2Exceptions overruled, with double costs for the plaintiff.