State v. National Selright Ass'n
Supreme Court of Iowa
Appeal from Polk District Court. — Hubeet UttERBACK, Judge. Under a search warrant, 25 cases of Old Reserve and a small quantity of Beef, Iron & Wine and of Stearns Tonic were seized. The principal contention is in regard to the Old Reserve Tonic. The National Selright Association is a wholesale drug firm, with its principal place of business in Des Moines, Iowa.
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Appeal from Polk District Court. — Hubeet UttERBACK, Judge. Under a search warrant, 25 cases of Old Reserve and a small quantity of Beef, Iron & Wine and of Stearns Tonic were seized. The principal contention is in regard to the Old Reserve Tonic. The National Selright Association is a wholesale drug firm, with its principal place of business in Des Moines, Iowa. It appeared, and filed a resistance, claiming to be the owner, and that the liquors seized are bona-fide medicinal preparations, and not intoxicating liquor, and incapable of being used as a beverage. It asked the return of the…
1Opinion of the CourtPreston, J.
1- MQuoBsf™*8 pounéTas be™ eiage' The stockholders in the defendant association are, in the main, some 300 retail druggists in the state of Iowa. It purchased a quantity of Old Reserve from the Old Reserve Distributing Company,.the manufacturers. The last named company has a Federal permit to purchase and use alcohol in the manufacture of Old Reserve, under the provisions of the National Prohibition Act, and to manufacture Old Reserve. There *631is no evidence of sales by tbe defendant association to any but retail druggists. Some of tbe liquors such as that seized were purchased from a drug store,…
2Cases cited14 opinions
- National Prohibition CasesSupreme Court of the United States · 1920
- State v. HastySupreme Court of Iowa · 1903
- Bank of Bushnell v. Buck Bros.Supreme Court of Iowa · 1913
- State v. HigginsSupreme Court of Iowa · 1921
- Hay v. HassettSupreme Court of Iowa · 1916
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3Cited by4 opinions
- Powell v. StateCourt of Appeals of Maryland · 1941
- State v. BourgeoisSupreme Court of Iowa · 1930
- Mahood v. CaldwellOhio Court of Appeals · 1929
- State v. PowersWashington Supreme Court · 1928