105 N.Y.S. 1028 | N.Y. Sup. Ct. | 1907
In December, 1906, the defendant through its purchasing agent gave to the plaintiff an order for merchandise consisting of shirts, which were to be delivered, at the agreed price of $1,026.16. The goods were delivered. The defendant has not paid for the same, and this action is brought to recover the contract price.
Shortly before the giving of the order, the plaintiff had
In Woodworth v. Bennett, supra, the court say, citing with approval Gray v. Hook, supra, “ it has been laid down as a test that whether a demand connected with an illegal transaction is capable of being enforced at law depends upon whether the party requires, any aid from the illegal transaction to establish the case.” In the case at bar, all that it was necessary for the plaintiff to do was to prove the order from the defendant, the delivery of the goods in accordance therewith and the agreed price, or, in the absence of an agreed price, the reasonable value of the merchandise. In Whitebreast Coal Co. v. Minn. Lumber Co., supra, the defendant proved a contract between it and the plaintiff which was in violation of the Illinois statute prohibiting
I have examined each of the cases cited by the defendant upon this point, and without exception they are cases where the plaintiff was seeking to enforce some unexecuted provision of the illegal contract, or could not prove his case without a resort to it. I have not considered "the fact that, at the time when the defendant gave its order to the plaintiff, it knew of the corrupt agreement between the plaintiff and its purchasing agent. If this had any effect upon the transaction, it weakened rather than strengthened defendant’s position. There must be judgment for the plaintiff for the amount claimed with costs.
Judgment for plaintiff, with costs. *