Standard Oil Co. v. Commonwealth
Court of Appeals of Kentucky
CASE 50 — PROSECUTION AGAINST THE STANDARD OIL CO. FOR SELLING OIL FROM A WAGON WITHOUT A LICENSE. — March 23. Appeal from. Graves Circuit Court. R. J. Bugg, Circuit Judg-e. Defendant convicted, and appeals. POINTS AND CITATIONS. 1. The Graves county judgment, appealed from by the Standard Oil Company, should be reversed because the question whether the defendant was a corporation was not submitted to the jury by the instructions.
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CASE 50 — PROSECUTION AGAINST THE STANDARD OIL CO. FOR SELLING OIL FROM A WAGON WITHOUT A LICENSE. — March 23. Appeal from. Graves Circuit Court. R. J. Bugg, Circuit Judg-e. Defendant convicted, and appeals. POINTS AND CITATIONS. 1. The Graves county judgment, appealed from by the Standard Oil Company, should be reversed because the question whether the defendant was a corporation was not submitted to the jury by the instructions. This is a material issue, even in a civil case. (Pike, Morgan & Co. v. Wathen, 25 Ky. Law Rep., 1264). 2. The graves county judgment, appealed from by the…
1Opinion of the Court
OPINION op the Court by
Judge Paynter
— Affirming.
The indictment was returned in court November 29, 1904, -and charged the appellant with the offense of unlawfully selling petroleum, lubricating, and other oils by transporting and retailing the same by means of a wagon without a license so to do. The oil was alleged to have been sold to. L. J. Bowen on May 30, 1904. The trial resulted in a conviction and the imposition of a fine of $250.
A reversal is sought because the Commonwealth failed to prove that the appellant was a corporation. It is averred in the indictment that it is a corporation.…
2Cited by8 opinions
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- Runyon v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- International Harvester Co. of America v. CommonwealthCourt of Appeals of Kentucky · 1911
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1913
- Madisonville, Hartford & Eastern R. R. v. CommonwealthCourt of Appeals of Kentucky · 1910
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