Timson v. Moulton

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.