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In Solomon v. Dreschler, 4 Minn. 197 (278), plaintiff, who had no license to sell intoxicating liquor, brought action to recover *162 for liquor sold to defendant.

See, Solomon v. Dreschler, 4 Minn. 197 (278); 2 Dunnell, Dig.

The trial court in its memorandum stated: "The ordinance, as far as here important, is held valid and the plaintiffs are denied a recovery, on the authority of: Solomon v. Dreschler, 4 Minn. 197 (278); Buckley v. Humason, 50 Minn. 195 , 52 N.W.

Solomon v. Dreschler, 4 Minn. 197 (278); Ingersoll v. Randall, 14 Minn. 304 (400); Bisbee v. McAllen, 39 Minn. 143 , .

U. S. § 5388, has no bearing upon this question, and that two of the cases cited by defendants’ counsel — Solomon v. Dreschler, 4 Minn. 197 (278), and Ingersoll v. Randall, 14 Minn. 304 (400) — are not in point.

We have not overlooked Solomon v. Dreschler, 4 Minn. 197 (278), which was practically followed in Olson v. Hurley, 33 Minn. 39 , ; but we now hold that it was unnecessary for plaintiff, as part of his cause of action, to show that the insurance company had complied with the statute, and had obtained a certificate of authority to transact business within our bor

While it would seem quite unnecessary so to do, it may be well to call attention at the outset to the fact that this case should not be confounded with one wherein the vendor in selling his goods has violated a statute requiring him to first procure a license, as was that of Solomon v. Dreschler, 4 Minn. 197 , (278.)

*40 The return containing all the evidence, and showing no formal proof made by plaintiff of license to sell intoxicating liquor, the district court, upon the authority of Solomon v. Dreschler, 4 Minn. 197 , (278,) ruled that he could not recover for the liquors furnished, and reversed the judgment of the justice accordingly.

Cases where the older items were barred by the statute of limitations, as in Livermore v. Rand, 26 N. H. 85, or are illegal, as in Solomon v. Dreschler, 4 Minn. 197 , (278,) are apparently, but not really, exceptions to the rule.