Gill v. S. Kaufman & Co.
Supreme Court of Kansas
Frror from Cherokee District Court. Action on a note given by Gill to Kaufman & Co.' Answer, “that said note was given for intoxicating liquors sold within the state of Kansas, in violation of the dramshop act, (ch. 35 of Gen. Stat. of 1868,) and hence said note is void.” Trial at the January Term 1875, and judgment in favor of plaintiffs for $133.50, and Gill brings the case here on error. contended that the contract of sale was a Kansas contract.
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Frror from Cherokee District Court. Action on a note given by Gill to Kaufman & Co.' Answer, “that said note was given for intoxicating liquors sold within the state of Kansas, in violation of the dramshop act, (ch. 35 of Gen. Stat. of 1868,) and hence said note is void.” Trial at the January Term 1875, and judgment in favor of plaintiffs for $133.50, and Gill brings the case here on error. contended that the contract of sale was a Kansas contract. So long as the vendee continues to have the right, either to object to the quantum or quality of the goods, there is no executed sale or contract.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a note. The defense was, that the note was given for liquors sold in this state without a license. Kaufman & Co. were wholesale liquor-merchants in Cincinnati, Ohio. The evidence shows that the goods were sold by sample, through the agent of defendants in error, and a portion of the samples left with Gill to compare when liquors arrived. Also, that Gill was to pay freight, and if liquors did not come up to standard that defendants in error were to refund freight-money and take liquors away. Did these facts change the…
2Cited by10 opinions
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- Wadhams v. BalfourOregon Supreme Court · 1898
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
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