Legal Opinion

Commonwealth v. Abrams

Massachusetts Supreme Judicial Court

Decided January 1, 1890PublishedCited by 7 opinions

Complaint for an unlawful sale of intoxicating liquors to Morris Wolf, on Sunday, May 19,1889. At the trial in the Superior Court, before Dunbar, J., there was evidence tending to show that Wolf went on the morning of the day in question to a lodging-house kept by the defendant, and asked her to sell him some lager beer; that, upon her refusal to do so, he told her that his wife was ill, and that a friend of hers had sent him to her with the assurance that she would lend him…

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Complaint for an unlawful sale of intoxicating liquors to Morris Wolf, on Sunday, May 19,1889. At the trial in the Superior Court, before Dunbar, J., there was evidence tending to show that Wolf went on the morning of the day in question to a lodging-house kept by the defendant, and asked her to sell him some lager beer; that, upon her refusal to do so, he told her that his wife was ill, and that a friend of hers had sent him to her with the assurance that she would lend him the beer; that finally, upon persuasion, she lent him the beer, upon the understanding that he would replace it the…

1Opinion of the CourtDevens, J.

It was found by the jury that, while no money passed or was to pass for the beer delivered by the defendant, it was delivered upon an agreement, express or implied, that other beer would be returned in payment for it. The intention *394of the Legislature in forbidding the sale of intoxicating liquors was to cover every transfer of them for value, in whatever form the consideration for such transfer was to be given or paid. The ruling that such a delivery as that found by the jury to have been ■ made was a sale, was therefore correct, and was in accordance with the previous decisions of this…

2Cited by7 opinions

  1. Skillings v. CollinsMassachusetts Supreme Judicial Court · 1916
  2. Robinson v. StateSupreme Court of Arkansas · 1894
  3. State v. . MitchellSupreme Court of North Carolina · 1911
  4. Brown v. StateTennessee Supreme Court · 1908
  5. Coleman v. StateCourt of Criminal Appeals of Texas · 1908

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