Sawyer v. Thomas
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. H. G. Pepper, Judge. The prohibition of section 2992, R. S..1899, apart from any other consideration, renders the contract for the transfer of the dramshop licenses in question incurably void. And enforcement of the public policy of this State, as to the business of dramshops and the licensing thereof, would necessarily result likewise, without that statutory provision. Mitchell v. Branham, 79 S. W. 739; Sedalia Board v. Brady, 78 Mo.
Read the full summary
Appeal from Newton Circuit Court. — Hon. H. G. Pepper, Judge. The prohibition of section 2992, R. S..1899, apart from any other consideration, renders the contract for the transfer of the dramshop licenses in question incurably void. And enforcement of the public policy of this State, as to the business of dramshops and the licensing thereof, would necessarily result likewise, without that statutory provision. Mitchell v. Branham, 79 S. W. 739; Sedalia Board v. Brady, 78 Mo. App. 585; Swing v. Cider Co., 77 Mo. App. 391, 397; Parsons v. Randolph, 21 Mo. App. 353; Woolfolk v. Duncan, 80 App.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. It is conclusively shown by the bill of sale that the licenses were included in the things sold by plaintiff to the defendants, and defendants’ evidence is that after the sale, they took possession of the saloon and conducted it in the plaintiff’s name and under his license until the expiration of the State and county license, and that no dramshop licenses were issued to them in their names during this period. Their evidence also is that at the time the trade was made, it was agreed and understood by and between them and the plaintiff that the saloon should be…
Also in this document: Concurrence.
2Cases cited40 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Miller v. AmmonSupreme Court of the United States · 1892
- Penn v. BornmanIllinois Supreme Court · 1882
- Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
- Howell v. StewartSupreme Court of Missouri · 1873
35 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Parke, Davis & Co. v. MullettSupreme Court of Missouri · 1912
- Bradley v. HillMissouri Court of Appeals · 1970
- Smith v. CraneMissouri Court of Appeals · 1913
- Farmer's Saving Bank v. ReedMissouri Court of Appeals · 1916
- Swing v. Sligo Furnace Co.Appellate Court of Illinois · 1907
1 more not listed; retrieve them via the Exa API.