34 Me. 112 | Me. | 1852
The opinion of the Court, Shepley, C. J., Wells, Rice, and Appleton, J. J., was drawn up by
The defendant having been sued for the
amount of a bill of groceries, the items of which were admitted, offered by way of defence, receipts signed by the plaintiff “ to be allowed on account,” for a sum exceeding the claim demanded in this suit. Were the case to end here, the defence would seem to be established. But from the evidence introduced, it further appeared, that the plaintiff, beside his grocery bill, had other dealings with the defendant; that he had sold him at different times spirituous liquors, which were to have been paid for on delivery, but were not; that these liquors were not charged on his books with the other articles sold ; that when sold they were entered on bills, and, that this course was adopted because otherwise, as the witness testified, the bill for groceries could not be collected by law. There was evidence tending to show, that the receipts produced by the defendant were for sums of money paid specifically at the time towards the liquors, which he had purchased.
No principle of law is better settled than that receipts are open to explanation by parol evidence. If the sales of the groceries were to be deemed separate and distinct transactions, in good faith and with no design to evade the salutary provisions of the stat. ch. 205, approved August 7, 1846, “ to restrict the sale of intoxicating drinks,” then it would become an important question for the jury to determine to the payment of which account the defendant had appropriated the money, by him paid, and for the purpose of ascertaining this, parol proof was properly admitted. It may be observed, that
Instead of submitting to the jury the determination of these facts, under appropriate directions in matters of law, the presiding Judge instructed the jury, “that if there was evidence, that satisfied them that he sold the liquors without license and in.violation of law, then the money paid by the defendant, for which receipts were given and which the defendant claimed to have allowed in this action, should be appropriated in payment of the account sued.” This instruction applied to a finding of the jury establishing the facts, that the sale of the liquors were separate transactions, and that the payments were made in discharge of the bill for liquors, and required the jury, in such case, to appropriate the money received in payment of an illegal, to the liquidation of a legal sale, towards which it
It is urged that these payments may be treated as unappropriated, if they have been applied to illegal claims. But such is not the law. The money is none the less appropriated, though in violation of law and though the party paying may repent of such appropriation of his funds, and by suit recover them back. The law cannot disregard established facts and treat that as unappropriated, which all must perceive has been appropriated, but leaves the parties to the ample remedies provided for them. Exceptions sustained.
New trial granted.