Gross & Hornung v. Scarr
Supreme Court of Iowa
Appeal from Cass Circuit Court. Action to recover for balance of an account for intoxicating liquors sold and delivered to the defendant. The defendant pleaded certain payments, and also that the contract of sale of a part of the goods was made in Cass county, and of part in Montgomery county, and that the plaintiffs had no permit to sell in those counties, and that the sales 'were illegal.
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Appeal from Cass Circuit Court. Action to recover for balance of an account for intoxicating liquors sold and delivered to the defendant. The defendant pleaded certain payments, and also that the contract of sale of a part of the goods was made in Cass county, and of part in Montgomery county, and that the plaintiffs had no permit to sell in those counties, and that the sales 'were illegal. He also pleaded a counter-claim for money paid on account of illegal sales of liquors. The plaintiffs denied that the sales were illegal, and denied that they were made in Cass or Montgomery county. There…
1Opinion of the Court
Adams, Ch. J.
The plaintiffs are merchants doing business in Burlington, Des Moines county, and under a permit from the board of supervisors of that county to sell intoxicating liquors. The defendant is a registered pharmacist doing business as a druggist in Cass county, and the liquors were sold for the purposes of medicine, so far as the plaintiffs knew. The principal question discussed by counsel is as to whether the sales were made in Des Moines county, where the plaintiffs had a permit to sell. The fact appears to be *657that the sales were made upon orders taken by one of the plaintiffs in…
2Cited by6 opinions
- Van Gorden v. City of Fort DodgeSupreme Court of Iowa · 1932
- Hoover v. Bankers' Life Ass'nSupreme Court of Iowa · 1912
- United States v. ChevallierCourt of Appeals for the Ninth Circuit · 1901
- Merriweather v. StateCourt of Criminal Appeals of Texas · 1905
- State v. KriechbaumSupreme Court of Iowa · 1891
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