Long v. Holley
Supreme Court of Alabama
Appeal from Henry Circuit Court. Heard before Hon. William L. Lee, Special Judge. Assumpsit by J. B. Long against J. M. Holley and others. Judgment for defendants and plaintiff appeals.
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Appeal from Henry Circuit Court. Heard before Hon. William L. Lee, Special Judge. Assumpsit by J. B. Long against J. M. Holley and others. Judgment for defendants and plaintiff appeals. The fact that a part of the stock of drugs sold was thirty gallons of whisky, where it was not sold as a beverage, but to be used in the drug business, did not render the notes invalid or void, notwithstanding whisky was not permitted to be sold in Henry county except by dispensary. — Town of Selma v. Brewer, 98 Pac. 61; Donnell v. State, 2 Ind. 658; State v. Russell, 73 S. W. 297; Nixon v. State, 76 Ind. 524;…
1Opinion of the CourtSimpson, J.
This is an action by the appellant against the appellees on a promissory note for $3,079.
The defendants filed pleas, alleging that the consideration of the note was the sale of a stock of drugs, and that, included in said stock of drugs, Avere about 30 gallons of Avhisky, Avorth about $100; that the sale of whisky is prohibited by laAV in Henry county, at the place where such stock of drugs Avas sold. The replication admits the facts as stated, but states that plaintiff Avas a regular druggist and practicing physician, engaged in the drug business; that said whisky was kept only as a part of…
2Cases cited11 opinions
- Carson v. StateSupreme Court of Alabama · 1881
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
- Donnell v. StateIndiana Supreme Court · 1851
- Patton v. GilmerSupreme Court of Alabama · 1868
- Nixon v. StateIndiana Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Booker T. Washington Burial Ins. Co. v. RobertsSupreme Court of Alabama · 1934
- Wood v. Traders' Securities Co.Supreme Court of Alabama · 1930
- Thomas v. LittleSupreme Court of Alabama · 1923
- Humphrey v. StateAlabama Court of Appeals · 1917