Schloss & Kahn v. McIntyre
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heaid before Hon. H. A. Pearce. Action by Schloss & Kahn against J. -W. McIntyre and others. From a judgment sustaining- a demurer to a count of the complaint, plaintiff appeals. • This was an action to fasten an individual liability upon the commissioners of the Ashford dispensary for liquors and other things purchased for use and sale in the dispensary.
Read the full summary
Appeal from Houston Circuit Court. Heaid before Hon. H. A. Pearce. Action by Schloss & Kahn against J. -W. McIntyre and others. From a judgment sustaining- a demurer to a count of the complaint, plaintiff appeals. • This was an action to fasten an individual liability upon the commissioners of the Ashford dispensary for liquors and other things purchased for use and sale in the dispensary. The fourth count is in the following words: “Plaintiffs claim of the defendants the sum of $514.05 for goods sold by plaintiffs to them on or about the 1st of November, 1904, under the following…
1Opinion of the Court
WEAKLEY, O. J.
The contention of appellants is that, inasmuch as the act of 1901 purporting to establish a dispensary at Ashford (Acts 1900-01, p. 800) is, upon principles settled in Mitchell v. State ex rel. Florence Dispensary, 134 Ala. 394, 32 South. 687, and subsequent cases, unconstitutional, the defendants, who acted as commissioners under color of said act, and who as commissioners purchased liquors for the dispensary from appellants, are personally liable to them for the price. The only authority cited in support of the action is Codding v. Munson, (Neb.) 72 N. W. 846, 66 Am. St. Rep.…
2Cases cited3 opinions
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Codding v. MunsonNebraska Supreme Court · 1897
- Humphrey v. JonesSupreme Court of Missouri · 1879
3Cited by12 opinions
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- Wilson v. McKleroySupreme Court of Alabama · 1921
- Foster v. FeatherstonSupreme Court of Alabama · 1935
- Annis v. PfeifferMichigan Supreme Court · 1937
- Pointer v. Farmers' Fertilizer Co.Supreme Court of Alabama · 1935
7 more not listed; retrieve them via the Exa API.