State v. Carl & Tobey
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. G. S. CunntnGHAM, Circuit Judge. It was a sale at Ozark. See Benjamin on Salea? Ath Am< Ed., Yol. 1, Sec. 309; lb., Chap. VI; Ib.,p. 52 to 64, and p. 469, Sec. 523, p. 501, See, 566, Sec. 587, andp. 472,Sec. 528; 2 Kent Com.,. 477, 500; 78 N. C., 313 ; 28 Ark , 550. The sale was at Little Rock. The express company was the agent of the vendee to receive and deliver the goods, and the agent of the vendor to collect the purchase price.
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APPEAL from Franklin Circuit Court. Hon. G. S. CunntnGHAM, Circuit Judge. It was a sale at Ozark. See Benjamin on Salea? Ath Am< Ed., Yol. 1, Sec. 309; lb., Chap. VI; Ib.,p. 52 to 64, and p. 469, Sec. 523, p. 501, See, 566, Sec. 587, andp. 472,Sec. 528; 2 Kent Com.,. 477, 500; 78 N. C., 313 ; 28 Ark , 550. The sale was at Little Rock. The express company was the agent of the vendee to receive and deliver the goods, and the agent of the vendor to collect the purchase price. A delivery to the carrier was a delivery to the vendee, and the sale was complete, the carrier being merely the agent to…
1Opinion of the CourtSmith, J.
The indictment in this case charged that Carl & Toby, on the 15th day of November, 1883, sold intoxicating liquors within three miles of the Presbyterian Church in the town of Ozark, Franklin County, after the County Court of said County had made an order prohibiting the sale or giving away thereof, in accordance with the act of the Legislature, approved March 21, 1881, known as the “'local option” statute.
At the trial the following was agreed upon as the facts in case:
“That Carl & Toby are, and had been for more than one year before the finding of the indictment in this case, merchants,…
2Cases cited7 opinions
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Finch v. MansfieldMassachusetts Supreme Judicial Court · 1867
- Tegler & Co. v. ShipmanSupreme Court of Iowa · 1871
- Abberger v. MarrinMassachusetts Supreme Judicial Court · 1869
- Dolan v. GreenMassachusetts Supreme Judicial Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Crabb v. StateSupreme Court of Georgia · 1892
- City of Carthage v. DuvallIllinois Supreme Court · 1903
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- Harper v. StateSupreme Court of Arkansas · 1909
- Josey v. StateSupreme Court of Arkansas · 1908
14 more not listed; retrieve them via the Exa API.