Germantown Brewing Co. v. Booth

Citations

• 162 Pa. 100
• 29 A. 386
• 1894 Pa. LEXIS 948

Syllabus

<p>Contract — Assignment of liquor license — Lawful business — Public policy —Opening judgment — Independent security.</p> <p>The sale of liquors by a licensed dealer is a lawful business, and a loan made to cany on such a business is not against public policy or violative of any statute.</p> <p>A brewing company loaned a licensed liquor dealer money to cany on his business, and took from him a judgment note with a contemporaneous written agreement on the part of the dealer to pay the debt off in monthly installments, and upon failure to pay such installments that he would “ transfer and assign” his license, together with all the stock and fixtures of his saloon, “ and peaceably deliver possession of the same,” to any person or persons plaintiff might designate. Held that the agreement was not against public policy, and did not invalidate the judgment.</p> <p>If it be conceded that the agreement in relation to the transfer of the license was invalid, non constat that the loan or the judgment was. The judgment was an independent security for the loan. The transfer which the defendant agreed to make in case he failed to pay the monthly installments was obviously intended as an additional security for it. Another security collateral to the loan might be condemned as violative of a statute or rule of public policy without impairing the valid seourity or affecting the remedies upon it. By Me. Justice McCollum.</p> <p>Striking off judgment — Practice—Matter dehors record.</p> <p>Judgment will not be summarily stricken off for matter dehors the record.</p>