P. Ballantine & Sons v. Fenn
Supreme Court of Vermont
Appeal in Chancery, Rutland. County, March Term, 1914, Fish, Chancellor. Heard on the pleadings, master’s report, and defendants’ exceptions thereto. Exceptions overruled, and decree for the orator. The defendants appealed. The petitioner is engaged in the business of brewing and selling malt liquors, having its brewery in Newark, N. J. and its office and. salesroom in New York City, but had no license to sell intoxicating liquors in Vermont.
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Appeal in Chancery, Rutland. County, March Term, 1914, Fish, Chancellor. Heard on the pleadings, master’s report, and defendants’ exceptions thereto. Exceptions overruled, and decree for the orator. The defendants appealed. The petitioner is engaged in the business of brewing and selling malt liquors, having its brewery in Newark, N. J. and its office and. salesroom in New York City, but had no license to sell intoxicating liquors in Vermont. There was also another concern, operated by the same persons under the name of Ballantine & Company, and engaged in the manufacture and sale of lager…
1Opinion of the Court
"Watson, J.
The record shows that the orders for intoxicating liquor were sent by the purchaser, Frederick Fenn, by mail or by telegraph from Rutland, this State, to New York City, and that the goods so ordered were shipped to him on such orders, he paying the freight, all in accordance with a previous arrangement entered into between him and the petitioner in the city of New York. Clearly the place of the contract was in New York. Tuttle & Reed v. Holland, 43 Vt. 542; Bachman v. Mussey, 31 Vt. 547; Bacon v. Hunt & Co., 72 Vt. 98, 47 Atl. 394. This ease is distinguishable from that of…
2Cases cited23 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Osgood v. Central Vermont Railway Co.Supreme Court of Vermont · 1905
- Laird v. PerrySupreme Court of Vermont · 1902
- Hansen v. RounsavellIllinois Supreme Court · 1874
- In re BaileyDistrict Court, D. Utah · 1910
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3Cited by3 opinions
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- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
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