Solomon v. Dreschler
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP HENNEPIN COUNTY. Points and authorities of the Respondent: First. — The burden of proof is always upon tbe Plaintiff to show that he has a legal claim against the Defendant. Such claim is not shown by Plaintiff showing that he has sold and delivered to the Defendant spirituous liquors of certain value, where the sale of such liquors is prohibited by law, except under a license.
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APPEAL PROM THE DISTRICT COURT OP HENNEPIN COUNTY. Points and authorities of the Respondent: First. — The burden of proof is always upon tbe Plaintiff to show that he has a legal claim against the Defendant. Such claim is not shown by Plaintiff showing that he has sold and delivered to the Defendant spirituous liquors of certain value, where the sale of such liquors is prohibited by law, except under a license. In such a case tbe court, talcing judicial notice of the law, will require the Plaintiff to show that he had authority or legal capacity to sell, and until he does this, no…
1Opinion of the CourtElandrau, J.
By the Court The complaint was in the ordinary form for, goods, wares, and merchandise, sold and delivered, with a bill of particulars attached, which showed the articles to be principally spirituous liquors. The sale was alleged to have been .at St. Anthony, in the county of Hennepin. The answer sufficiently alleges that the Plaintiff had no license to sell spirituous liquors at the time the sale was made, and the Defendant proved it on the trial by calling the Begister of Deeds of Hennepin County to the point.
The Judge charged the jury that the allegation in the complaint, of the place…
2Cases cited4 opinions
- Harris v. RunnelsSupreme Court of the United States · 1851
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Griffith v. WellsNew York Supreme Court · 1846
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
3Cited by11 opinions
- Intermountain Building & Loan Ass'n v. GallegosCourt of Appeals for the Ninth Circuit · 1935
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Baskett v. JonesCourt of Appeals of Kentucky · 1920
- Lash v. EdgertonSupreme Court of Minnesota · 1868
- Ingersoll v. RandallSupreme Court of Minnesota · 1869
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