141 Ga. 456 | Ga. | 1914
The action is bail-trover for specified articles of furniture and other household goods, which the petition shows plaintiff sold to defendant for $779.75, and of this the sum of $272.00 is due and unpaid. The answer is in part as follows: “The defendant says that the goods
Adjudged: The exception is without merit. The agreement, as exhibited by the petition and answer together, was a conditional sale — with reservation of title in plaintiff till payment of the price — of goods to be used in a house of ill fame, the plaintiff knowing that they were to be so used, and intending the use to be in aid of the maintenance of such-house. The agreement, as shown by the pleadings, was immoral, illegal and void. In view .of the allegations of the petition disclosing a sale of the goods by plaintiff to defendant, the plaintiff’s right of action was necessarily dependent upon the agreement, and, if the answer set forth the truth, there could be no recovery. Penal Code § 382; Ralston v. Boady, 20 Ga. 449; Watkins v. Nugen, 118 Ga. 373 (45 S. E. 262); Kessler v. Pearson, 126 Ga. 725 (55 S. E. 963, 8 Ann. Cas. 180) ; Reed v. Brewer (Tex. Civ. App.), 36 S. W. 99, affirmed, 90 Tex. 144 (37 S. W. 418); Standard Furniture Co. v. Van Alstine, 22 Wash. 670 (62 Pac. 145, 51 L. R. A. 889, 79 Am. St. R. 960).
Judgment affirmed.