Joseph Schlitz Brewing Co. v. Barlow
Supreme Court of Iowa
Appeal from Keolculc District Court. — ITon. Ben. McCoy, Judge. Martz & Meier, as a firm, was engaged in the sale of intoxicating liquor at Hedrick, Iowa. The firm of W. “V. Silvers & Co. was engaged in the sale of beer at Ottumwa, Iowa, the beer being that manufactured by the plaintiff firm, and furnished the beer sold by Martz & Meier.
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Appeal from Keolculc District Court. — ITon. Ben. McCoy, Judge. Martz & Meier, as a firm, was engaged in the sale of intoxicating liquor at Hedrick, Iowa. The firm of W. “V. Silvers & Co. was engaged in the sale of beer at Ottumwa, Iowa, the beer being that manufactured by the plaintiff firm, and furnished the beer sold by Martz & Meier. The plaintiff owned a set of bar fixtures at Eldon, Iowa, and Silvers & Co. loaned the set to Mai-tz & Meier, and it was used in the saloon at Hedrick. Injunction proceedings were commenced against Martz & Meier to restrain them from selling, and when it…
1Opinion of the CourtGranger, J.
There is no controversy but that the plaintiff owned the fixtures in question when they were loaned to Martz & Meier. As the loan was made by Silvers & Co<., it became necessary to show that the company had authority so to do, and there was an effort to do so by showing that Silvers & Co. was the agent of the plaintiff. The court, by an instruction, made the defense rest on the facts that Silvers & Cta. was Jhe agent of plaintiff, knew that Martz & Meier was using the property in violation of law. In the Sigourney Courier, a newpaper, was published, December 17, 1895, the following: “W. V.…
2Cases cited3 opinions
- Bigler v. ToySupreme Court of Iowa · 1886
- Clanton v. Des Moines, Osceola & Southern R'y Co.Supreme Court of Iowa · 1885
- Hall v. Ætna Manufacturing Co.Supreme Court of Iowa · 1870
3Cited by6 opinions
- Bowers v. NeilOregon Supreme Court · 1912
- Hubbell v. HerringSupreme Court of Iowa · 1933
- Anderson v. International School District No. 5North Dakota Supreme Court · 1915
- Banta v. Clarke CountySupreme Court of Iowa · 1935
- Lyons v. Farm Property Mutual InsuranceSupreme Court of Iowa · 1920
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