Sanford v. Starling & Smith Co.
Mississippi Supreme Court
From the chancery court of Washington county. Hon. R. W. Williamson, Judge. 1. Section 1108 applies only where the seller is a licensed retailer. The state consents to give license to retail, but, as one condition of the license, sales under it must be for cash. 2. Only two items in the whole indebtedness were for whisky.
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From the chancery court of Washington county. Hon. R. W. Williamson, Judge. 1. Section 1108 applies only where the seller is a licensed retailer. The state consents to give license to retail, but, as one condition of the license, sales under it must be for cash. 2. Only two items in the whole indebtedness were for whisky. There can be a separation of the legal from the illegal, and if the note given for the debt is tainted with illegality, the account and security given therefor, are, nevertheless, good. Carradine v. Wilson, 61 Miss., 573. A trust-deed may be good in part and bad in part. It…
1Opinion of the CourtWoods, J.
This action was brought by appellant for the recovery of $1,340, the proceeds of forty bales of cotton, alleged to have been sold by appellees to and for the use of appellant. Under the general issue, the appellee gave notice that evidence would be offered to prove that a part; of the consideration of the debts secured by a deed of trust executed by L. D. & E. H. Raiford to Sanford, trustee, to secure "W. H. Andrews & Bro., was illegal because some part of said debt was for whisky. Under this insufficient notice, evidence was permitted to be presented to the jury, on the trial below, showing…
2Cases cited1 opinion
- Cotten v. McKenzieMississippi Supreme Court · 1879
3Cited by2 opinions
- Stanley v. SumrallMississippi Supreme Court · 1933
- Fetterman v. Badger Lumber & Mfg. Co.Mississippi Supreme Court · 1932