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Holman v. Johnson
Court of King’s Bench
1 Cowp. 341, 98 Eng. Rep. 1120 (1775)
- Written by Curtis Parvin, JD
Facts
Holman (plaintiff), a resident of Dunkirk, France, sold tea to Johnson (defendant), an English citizen, in Dunkirk. Holman knew Johnson intended to smuggle the tea into England and avoid tea taxes. Johnson did not pay for the tea, leading Holman to bring an assumpsit action against him for goods sold and delivered. Holman argued that because the ultimate intent of the transaction was illegal in England, Johnson was barred from recovery. Johnson argued that the transaction’s performance was perfectly legal in Dunkirk and enforceable. After a trial resulting in a verdict in favor of Holman, the trial court issued an order for a new trial.
Rule of Law
Issue
Holding and Reasoning (Mansfield, C.J.)
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