Dolan v. Green
Massachusetts Supreme Judicial Court
Contract under the Gen. Sts. c. 86, § 61, to recover the price of intoxicating liquors sold to the plaintiff by the defendant, in violation of the laws of the Commonwealth.
Read the full summary
Contract under the Gen. Sts. c. 86, § 61, to recover the price of intoxicating liquors sold to the plaintiff by the defendant, in violation of the laws of the Commonwealth. At the trial in the Superior Court, before Bacon, J., the plaintiff, in his opening, stated that he should prove the following facts : “ The defendant, who was a resident, and whose place of. business was in Providence, in the State of Rhode Island, some time prior to 1864, at Millville, in this Commonwealth, where the plaintiff resided* agreed to sell the plaintiff certain intoxicating liquors, consisting of rum, gin, and…
1Opinion of the CourtColt, J.
The payments which the plaintiff seeks to recover back were for liquors sold in violation of law under the Gen. Sts. c. 86, § 61. The phrase “ sold in violation of law,” as used in the statute, means sold in this state in violation of law, and the only question here is whether there was any evidence offered which should have been submitted to the jury as tending to prove such sale.
The contract of sale, although partly made in this Commonwealth, was completed only by the selection of the articles agreed on from the defendant’s stock of liquors in Rhode Island, and their delivery on board the…
2Cases cited1 opinion
- Abberger v. MarrinMassachusetts Supreme Judicial Court · 1869
3Cited by9 opinions
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- Sarbecker v. StateWisconsin Supreme Court · 1886
- Webber v. HoweMichigan Supreme Court · 1877
- State of Texas v. Texas Brewing Co.Texas Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.