Small Grain Distilling Co. v. Davis
Court of Appeals of Georgia
Certiorari; from Jones superior court — Judge J. B. Park. December 1, 1911. The undisputed facts in this case are as follows: The Small Grain Distilling Company of Louisville, Ky., without having received an order, delivered to the Southern Express Company at Louisville one case containing twelve quarts of “Pour Star Whisky,” consigned to Mack Davis of Wayside, Jones county, Georgia.
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Certiorari; from Jones superior court — Judge J. B. Park. December 1, 1911. The undisputed facts in this case are as follows: The Small Grain Distilling Company of Louisville, Ky., without having received an order, delivered to the Southern Express Company at Louisville one case containing twelve quarts of “Pour Star Whisky,” consigned to Mack Davis of Wayside, Jones county, Georgia. Davis was notified by the express agent of Wayside that a package was in the office, addressed to him, and, not knowing what the 'package contained, he receipted for it and took it out of the express office. He…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The controlling question in the case is: Was a sale of the whisky made in the State of Georgia? If it was, the sale was illegal, and the plaintiff would have no right to recover its value. One can not recover the price of intoxicating liquor sold in violation of law. An act done in disobedience of law creates no right of action which a court of justice will' enforce. Miller v. Ammon, 145 U. S. 421 (12 Sup. Ct. 884, 36 L. ed. 759). The general rule of law is, that a contract made in violation of a statute is void; and that when a plaintiff can not establish…
2Cases cited5 opinions
- Miller v. AmmonSupreme Court of the United States · 1892
- R. M. Rose Co. v. StateSupreme Court of Georgia · 1909
- Falvey & Co. v. RichmondSupreme Court of Georgia · 1891
- Cureton v. StateSupreme Court of Georgia · 1911
- Mann v. GlauberSupreme Court of Georgia · 1895
3Cited by2 opinions
- Atkinson Novelty Co. v. Prince & SonCourt of Appeals of Georgia · 1922
- Somers & Co. v. Cranston Co.Court of Appeals of Georgia · 1917