Fielding v. La Grange
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. G. W. Burn-ham, Judge. Action at law to recover the statutory penalty foi selling intoxicating liquor to one Otto H. Fielding, a minor. Defendant La Grange pleads that he is a registered pharmacist, holding a permit, .and denies that he made sales as claimed. The case was tried to a jury, and at the conclusion of the evidence, plaintiff moved for a ver dict in the sum of seven hundred dollars.
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Appeal from Benton District Court. — Hon. G. W. Burn-ham, Judge. Action at law to recover the statutory penalty foi selling intoxicating liquor to one Otto H. Fielding, a minor. Defendant La Grange pleads that he is a registered pharmacist, holding a permit, .and denies that he made sales as claimed. The case was tried to a jury, and at the conclusion of the evidence, plaintiff moved for a ver dict in the sum of seven hundred dollars. This motion ivas sustained and judgment entered upon tbe verdict. Defendants appeal.
1Opinion of the CourtDeemer, C. J.
1 Appellant attempted to show that from inquiries made; and from the general appearance of Otto Fielding he was justified in believing that lie (Fielding) was of age. The statute upon which the action is predicated (Code 1873, section 1539) absolutely inhibits the sale of liquor to a minor for any purpose whatever, and we have frequently held that the seller is bound, at his peril, to know whether the person to whom he sells is within the prohibited class. Good faith is no defense. Dudley v. Sautbine, 49 Iowa, 650; State v. Ward, 75 Iowa, 641; Jamison v. Burton, 43 Iowa, 282; State v.…
2Cases cited4 opinions
- Jamison v. BurtonSupreme Court of Iowa · 1876
- Dudley v. SautbineSupreme Court of Iowa · 1878
- State v. WardSupreme Court of Iowa · 1888
- State v. ThompsonSupreme Court of Iowa · 1888
3Cited by4 opinions
- Egan v. EganSupreme Court of Iowa · 1973
- State v. AudetteSupreme Court of Vermont · 1908
- Sowles v. MartensSupreme Court of Iowa · 1913
- Hall v. CoffinSupreme Court of Iowa · 1899