Hamill v. Joseph Schlitz Brewing Co.
Supreme Court of Iowa
Appeal from Carroll District Court.— Hoñ. Z. A. Church, Judge. Action to recover the purchase price of certain beer paid by plaintiff to defendant, which beer it is claimed was sold by defendant to plaintiff in violation of law. There was a trial to a jury resulting in a verdict for defendant. Upon plaintiff’s motion the verdict was set aside and a new trial awarded.
Read the full summary
Appeal from Carroll District Court.— Hoñ. Z. A. Church, Judge. Action to recover the purchase price of certain beer paid by plaintiff to defendant, which beer it is claimed was sold by defendant to plaintiff in violation of law. There was a trial to a jury resulting in a verdict for defendant. Upon plaintiff’s motion the verdict was set aside and a new trial awarded. Plaintiff also moved for a judgment upon the record, including the testimony, adduced, and this was overruled.' Both parties appeal; but, as defendant first perfected its appeal, it will be called “ appellant.”
1Opinion of the CourtDeemer, J.
Defendant’s appeal is from the order granting a new trial, and plaintiff’s from the ruling denying his motion for judgment. We shall first consider defendant’s appeal. Plaintiff claimed that he purchased a large amount of intoxicating liquor, to-wit, beer, from the defendant, in this State, that said liquor was sold contrary to law, and that he had paid defendant therefor; and he asked judgment for the amount of money paid under a statute of this State authorizing recovery of all moneys paid for liquors sold in violation of law as for money had and received to defendant’s use. Defendant…
2Cases cited6 opinions
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Engs & Sons v. PriestSupreme Court of Iowa · 1884
- Werthman v. City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Fisk v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1891
- Musser v. MaynardSupreme Court of Iowa · 1882
1 more not listed; retrieve them via the Exa API.