Legal Opinion

Goodman v. Swett

Mississippi Supreme Court

Decided October 15, 1914PublishedCited by 7 opinions

Appeal from the chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Suit by J. & S. Goodman against J. A. Swett, administrator, for collection of a claim against the intestate for intoxicating liqnors sold and delivered to him. Prom a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

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Appeal from the chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Suit by J. & S. Goodman against J. A. Swett, administrator, for collection of a claim against the intestate for intoxicating liqnors sold and delivered to him. Prom a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The sole question presented in this appeal is whether or not section 1743 or the last paragraph of section 1 of chapter 115, Laws of Mississippi, 1908, will bar a recovery in the state of Mississippi for intoxicating liquors sold in the state of…

1Opinion of the CourtSmith, C. J.

Appellee’s intestate was indebted to appellants for intoxicating liquors sold'and delivered to him. The claim therefor was duly probated, and this proceeding was instituted to force appellee to pay the same. From a decree declining so to do, this appeal is taken.

Appellants are wholesale merchants, doing business in the city of St. Louis, and the liquor seems to have been sold or orders forwarded to them there, upon receipt of which they would deliver the,liquor there to a common carrier for delivery to appellee’s intestate. Chapter lib of the Laws of 1908, among other things, provides:

“If any…

2Cases cited1 opinion

  1. Lemonius & Co. v. D. Mayer & SonMississippi Supreme Court · 1893

3Cited by7 opinions

  1. Morrissey v. BOLOGNAMississippi Supreme Court · 1960
  2. Bologna Brothers v. MorrisseyLouisiana Court of Appeal · 1963
  3. Crosby v. Farose Trading Corp.Mississippi Supreme Court · 1946
  4. Bologna v. MorrisseyDistrict Court, S.D. Mississippi · 1963
  5. Mayor Okoloise v. William Franklin YostMississippi Supreme Court · 2019

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