Gross v. Feehan
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. T. M. Fee, Judge. Action to recover for intoxicating liquors sold. The defense is that the contract of purchase was invalid; that defendant was engaged in selling liquor in violation of the laws of Iowa; and that plaintiff, who was a wholesale dealer at Peoria, 111., sold the liquors in question with knowledge of defendant’s business, and to enable him to violate such laws.
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Appeal from Wapello District Court. — Hon. T. M. Fee, Judge. Action to recover for intoxicating liquors sold. The defense is that the contract of purchase was invalid; that defendant was engaged in selling liquor in violation of the laws of Iowa; and that plaintiff, who was a wholesale dealer at Peoria, 111., sold the liquors in question with knowledge of defendant’s business, and to enable him to violate such laws. Defendant also, by counterclaim, seeks to recover money paid on account of such purchase. There was a jury trial. Verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtWaterman, J.
1 The first petition claimed to recover for intoxicating liquors sold in Ottumwa, Iowa, to defendant, who was alleged to be engaged in business under the so-called “Mulct Law.” A demurrer to this was sustained. Plaintiff then filed a substituted petition, alleging the sale to have been made in Illinois, and averring again that defendant was doing business under the mulct law. After answer, and during .the taking of testimony, defendant- asked leave to withdraw his answer, and move to strike the substituted petition. This was refused. The grounds of this motion appear only in argument. It is…
2Cases cited5 opinions
- Tegler & Co. v. ShipmanSupreme Court of Iowa · 1871
- Fred Miller Brewing Co. v. De FranceSupreme Court of Iowa · 1894
- Rock Island Plow Co. v. MeredithSupreme Court of Iowa · 1899
- Bowman v. Chicago, St. Paul. & Kansas City Railway Co.Supreme Court of Iowa · 1892
- Hall v. Farmers' & Citizens' Savings BankSupreme Court of Iowa · 1881
3Cited by6 opinions
- J. T. S. Brown & Sons v. WielandSupreme Court of Iowa · 1902
- Service System, Inc. v. JohnsSupreme Court of Iowa · 1928
- P. J. Bowlin Liquor Co. v. BrandenburgSupreme Court of Iowa · 1906
- D. Sachs & Sons v. GarnerSupreme Court of Iowa · 1900
- Samuel Westheimer & Sons v. HabinckSupreme Court of Iowa · 1906
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