Russell v. Sloan
Supreme Court of Vermont
Book Account. The question in this case was whether the plaintiff, who was a druggist, was entitled to recover of the defendant for a quantity of an article called “ Doctor Ham’s Aromatic Invigorating Spirit,” which the plaintiff had sold and delivered to the defendant.
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Book Account. The question in this case was whether the plaintiff, who was a druggist, was entitled to recover of the defendant for a quantity of an article called “ Doctor Ham’s Aromatic Invigorating Spirit,” which the plaintiff had sold and delivered to the defendant. The auditor reported that this article is one commonly on sale by druggists throughout the country ; that it properly comes under the denomination of a quack medicine; that in some instances it is a valuable tonic when used according to the directions attached to each bottle, and given below ; that it contained about twenty…
1Opinion of the CourtAim is, J.
The object__of our statutes regulating the sale of intoxicating liquors is to prevent the use of such liquors as a beverage, and thus to check, and if possible, to extirpate the evils of intemperance. Hence these statutes are intended, to apply to *658all intoxicating liquors, which would be resorted to to gratify the appetite for intoxicating drink.
But there is a large class of medicines, bitters and tinctures, used not as beverages, but as medicinal remedies, to which it is quite obvious that these statutes were not intended to apply, although such articles are composed in part of alcohol, and…
2Cited by10 opinions
- Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
- Burnham v. KidwellIllinois Supreme Court · 1885
- Modern Woodmen v. LawsonSupreme Court of Virginia · 1909
- State v. CostaSupreme Court of Vermont · 1905
- City of Topeka v. ZufallSupreme Court of Kansas · 1888
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