Graves v. Johnson
Massachusetts Supreme Judicial Court
Contract to recover the price of certain intoxicating liquors sold by the plaintiffs to the defendant from September, 1888, to March, 1889. Writ dated December 21, 1889. The second trial of this case in the Superior Court was before Hammond, J., without a jury, and the exceptions were allowed by Fessenden, J., after Hammond, J., became a justice of this court.
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Contract to recover the price of certain intoxicating liquors sold by the plaintiffs to the defendant from September, 1888, to March, 1889. Writ dated December 21, 1889. The second trial of this case in the Superior Court was before Hammond, J., without a jury, and the exceptions were allowed by Fessenden, J., after Hammond, J., became a justice of this court. The exceptions taken at the first trial were sustained in a decision reported in 156 Mass. 211. At the second trial the following among other facts appeared : The plaintiffs, at the time of the sales, held a United States liquor license…
1Opinion of the CourtHolmes, C. J.
This is the second time that this case comes before this court. 156 Mass. 211. It is a suit for the price of intoxicating liquors sold here. At the first trial it was found that they were sold with a view to their being resold by the defendant in Maine against the laws of that State; and on that state of facts it was held that the action would not lie. At the second trial it was found that the plaintiffs’ agent supposed, rightly, that the defendant intended to resell the liquors in Maine unlawfully, but that the plaintiffs and their agent were and were known by the defendant to be indifferent…
2Cases cited15 opinions
- Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Hanauer v. DoaneSupreme Court of the United States · 1871
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
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3Cited by27 opinions
- United States v. PeoniCourt of Appeals for the Second Circuit · 1938
- DesGeorges v. GraingerNew Mexico Supreme Court · 1966
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Youngs Rubber Corporation v. CI Lee & Co.Court of Appeals for the Second Circuit · 1930
- Smith v. Congregation of St. RoseWisconsin Supreme Court · 1953
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