Legal Opinion

Fabor v. Green

Supreme Court of Vermont

Decided February 12, 1900PublishedCited by 4 opinions

Assumpsit to recover the purchase price of fifty gallons of methyl alcohol. Oity Court of Montpelier, January 30, 1900, SmiUe, J. Trial by the court, and judgment for the plaintiff. Defendant excepted. The defence was that methyl alcohol is intoxicating liquor within the meaning of Y. S. Chapter 187, and that therefore no recovery could be had for the purchase price. The facts stated in the opinion were found by the trial court.

1Opinion of the CourtWatson, J.

The plaintiff seeks to recover the purchase price of fifty gallons of methyl alcohol, commonly known as wood spirit or wood alcohol, sold by him to the defendant.

The defendant contends that this alcohol is an intoxicating liquor, the sale of which is prohibited by law, and therefore no recovery can be had by reason of section 4464 of Yermont Statutes.

Such alcohol is obtained by the destructive distillation of wood, is ranked as a narcotic poison, and if drank either pure, adulterated, reduced many times its weight in water, other aleo*118hoi or fluid, it kills the person drinking it. It was not…

2Cases cited2 opinions

  1. Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
  2. Russell v. SloanSupreme Court of Vermont · 1861

3Cited by4 opinions

  1. Modern Woodmen v. LawsonSupreme Court of Virginia · 1909
  2. Powell v. StateCourt of Appeals of Maryland · 1941
  3. State v. CostaSupreme Court of Vermont · 1905
  4. Hamilton v. StateIndiana Supreme Court · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API