Enterprise Brewing Co. v. Grime
Massachusetts Supreme Judicial Court
Contract, to recover from the assignees of an insolvent estate the proceeds of a sale of certain mortgaged property, held to await the determination of the question as to the validity of the mortgage given by the insolvent debtors to the plaintiff brewing companies. Trial in the Superior Court, before Eammond, J., who, having directed a verdict for the defendants, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiffs have a mortgage, the consideration of which was the price of intoxicating liquors sold by them in the city of Fall River to a firm of which the defendants are assignees in insolvency. In the court below, it was held that the plaintiffs were not authorized to sell in this Commonwealth, and that the mortgage given in consideration of such sales was illegal. The case is here upon a report after verdict for the defendants. If the ruling was correct, judgment is to be entered for the defendants ; otherwise, the verdict is to be set aside, and the case is to stand for trial.
*253The…
2Cases cited6 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Stevens v. PrattIllinois Supreme Court · 1881
- Claflin v. United States Credit System Co.Massachusetts Supreme Judicial Court · 1896
- Portsmouth Livery Co. v. WatsonMassachusetts Supreme Judicial Court · 1813
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3Cited by7 opinions
- National Fertilizer Co. v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1907
- Rohrer v. Hastings Brewing Co.Nebraska Supreme Court · 1908
- Connecticut Breweries Co. v. MurphySupreme Court of Connecticut · 1908
- Woolfort v. Dixie Cotton Oil Co.Supreme Court of Arkansas · 1905
- Somers v. Commercial Finance Corp.Massachusetts Supreme Judicial Court · 1923
2 more not listed; retrieve them via the Exa API.