The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-02-25

tor Of the law, on any contract made
by him in reference to the business
carried on in disregard of the law.
The controversy is as to the scope OF
the expression. "IN REFERENCE TO
THE BUSINESS CARRIED ON IN DisRE-
GARD OF THIS LAW" for only as TO
such contracts is disability to main
tain a suit imposed. The language
should not be extended beyond its
plain meaning nor should it be limi-
ted within narrower bounds. We
should not extend it by construc-
ton nor fritter it away by refine
ment, but should interpret it as to
effectuate the intention of the Legis-
lature in passing it.
What is the plain, ordinary, popu-
lar Specification Of the language en-
ployed: its natural unstrained mean
ing?
We answer it embraces all con-
tracts in the prosecution of the par
ticular business, which relate to it.,
and have for their object its main
tenance, protection or furtherance-
all which pertain to it, and grow out
of it.
The phrase, SIN reference to bust
ness" is synonymous with having
relation to, regarding, in respect TO,
concerning, pertaining to it, and the
contracts which the delinquent is
incapacitatcd to claim the benefit of
are those included in these terms.
Was the contract made in the
prosecution OF the business ? Did
1t grow naturally out Of it? Was it
incident to it, connected with il, re-
lating to it, did it regard it and per
tain tot =? If so, it is one which
the delinquent dealer cannot enforce,
for to permit it would be to enable
him to make valid contracts where
by TO secure himself against loss in
his illegal venture-to guard the
cargo against perils incident to the
forbidden voyage, and thereby save
himself from the penalty declared
against his demeIit.
Is a policy of insurance on
stock of goods in a store carried on
in violation Of law, a contract IN ref
erence to the business 1t is made
to cover such goods as may consti-
tute the stock when loss occurs.
1t is contract for indemnity
against loss. 1t grows out of the
business-it pertains to it, and con-
Germs tit relates to it, and is
made for its success. 1t is impossi-
BILE to dissociate ideas of stock of
merchant and the business in which
he is engaged. True, buying and
selling constitute the principal OPP
erations Of O merchant, but there are
many accessories. The illegality Of
the principal things involves and in
tects the incidents. Shall it be said
that the unlicensed dealer is inca
pacited to make an enforceable con-
tract to buy or sell goods, but he
may make one for their preservation
or for indemnity against their loss :?
that although they are being used
for profit in an unlawful business.
and are kept for that purpose, n law
full contract may be made for in
d. mnity against their loss by a
casualty incident to the business ?
although no enforceable contract
may he made for their sale. one may
be made for their conservation or re-
placement, in order that they may
continue TO he dealt with in viola
ton of law ? TO permit the nnli-
censed merchant to stipulate for pro-
lection against loss of goods by a
casualty incident to the business,
would be to allow him to acquire
rights by contract from an illegal
business, in the face of the statute
which denies it.
The statutory incapacity relates
to all dealing with reference to the
stock OF goods kept for sale. The
price of license is graduated with
reference to the amount of such
stock, and contracts pertaining to it
arc Sauuob bC NV
SCOPE o! the business of a store EN-
braces the purchase, care, preserva-
tion and sale of goods, and the disa
bility of the violater of the law ex-
tends to all the operations of the
business. He cannot claim the
benefit of any contract made in its
prosecution growing out of it, and
having relation to it.
So the law is written.
Were a merchant to make a power
of attorney authorizing one to take
charge of his store, and make all
contracts I'm REFERENCE TO THE
BUSINESS" it could not be denied
that the agent might effect insu-
rance on the stock, and bind his
principal bv a bill or note for the
premium. Why should the same
language have o different meaning
in a statute =?
Reversed.
To be reported.