Webber v. Howe
Michigan Supreme Court
Error to Wayne Circuit. This was an action brought by defendants in error upon an acceptance by plaintiff in error of a draft drawn on him by them. The defense was that the consideration was the unlawful sale of liquors; and a set-off was pleaded of moneys paid by defendant to plaintiffs on previous unlawful sales of liquors.
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Error to Wayne Circuit. This was an action brought by defendants in error upon an acceptance by plaintiff in error of a draft drawn on him by them. The defense was that the consideration was the unlawful sale of liquors; and a set-off was pleaded of moneys paid by defendant to plaintiffs on previous unlawful sales of liquors. The judgment below was in favor of the plaintiffs. in error, argued that the acceptance sued upon was void by reason of its having been given in consideration of an unlawful sale of liquors; that this turned on the question whether the transaction was a Michigan or an…
1Opinion of the Court
Cooley, Ch. J:
The circuit judge charged the jury that if the order for the liquors, though taken in Michigan, was filled in Ohio, and the liquors were shipped in Ohio, and the defendant received them in Detroit and paid the freight, then the plaintiff would be entitled to recover. This instruction must assume that the contract was an Ohio contract, being completed by the acceptance and filling of the order in that state. Had the order been sent from this state to dealers in Ohio and filled there, or had an agent of tho Ohio parties who had no authority to agree upon sales taken the order in…
2Cases cited18 opinions
- Confiscation CasesSupreme Court of the United States · 1869
- Smith v. . KiddNew York Court of Appeals · 1877
- CARPENTER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1855
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Welch v. WadsworthSupreme Court of Connecticut · 1861
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3Cited by13 opinions
- Friend v. DunksMichigan Supreme Court · 1877
- Berger v. StateSupreme Court of Arkansas · 1887
- M. W. Kerwin & Co. v. DoranMissouri Court of Appeals · 1888
- United States v. ClineDistrict Court, W.D. North Carolina · 1885
- Keiwert v. MeyerIndiana Supreme Court · 1878
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