Boliver v. Monnat

The motion is for judgment dismissing the complaint on the ground that it does not state facts sufficient to constitute *661a cause of action. The action is to recover damages for the breach of an express or implied warranty that alcoholic liquor sold by the defendant to the plaintiff was fit for immediate human consumption as a beverage.

The plaintiff alleges that between the 29th day of May, 1926, and the 31st day of May, 1926, in a store and saloon of which the defendant was proprietor, located in the hamlet of Indian River, county of Lewis and State of New York, in which the de endant kept for…