CONTRACTS - ILLEGALITY - RECOVERY BY PARTY NOT LICENSED AS STATUTE REQUIRES

P, an unlicensed milk dealer, sold milk to D, also a milk dealer. By statute it was made unlawful for a milk dealer "to buy milk or sell milk to a milk dealer who is unlicensed," and violations were made a misdemeanor punishable by .fine and/ or imprisonment. P sued to recover the contract price of milk delivered and D set up counterclaims for breach of contract and overpayment, and asserted that P was barred from recovery, since he had failed to obtain a license. Held, P was not barred from recovery by failure to obtain license.

Rosasco Creameries, Inc. v. Cohen, 276" N. Y. 274, 11 N. E. (2d) 908 (1937), reversing 249 App. Div. 228, 292 N. Y. S. l (1936).