City of Kirksville v. Warden
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The court erred in giving plaintiff’s instruction 2. There was no evidence warranting this instruction. This was an interstate shipment. The liquor and store fixtures were purchased and delivered to Eitel in Quincy, Illinois, on December 1, 1914. He put them in a car, at Quincy, locked the car and prepaid the freight.
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Appeal from Adair Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The court erred in giving plaintiff’s instruction 2. There was no evidence warranting this instruction. This was an interstate shipment. The liquor and store fixtures were purchased and delivered to Eitel in Quincy, Illinois, on December 1, 1914. He put them in a car, at Quincy, locked the car and prepaid the freight. Eitel took the goods billed to Kirksville on December 4th in the absence and without the aid or consent of defendant. Jf there was any delivery to Eitel at Kirksville it was the act of the carrier. State v.…
1Opinion of the CourtBond, C. J.
This is a prosecution for the violation of an ordinance of the city of Kirksville, which is framed in the language of Sections 7227, 7228 and 7229, Revised Statutes 1909.
The complaint on behalf of the city, filed by its prosecuting attorney before one of the police judges of the city, charged that defendant, on December 4, 1914, “did then and there wilfully and unlawfully keep, store for, and deliver to another person than him, the said M. T. Warden, to-wit, for and to the said Wabash Pharmacy, certain intoxicating liquors, to-wit, 10 barrels of whiskey, 1 keg of alcohol, one keg of gin and…
2Cases cited3 opinions
- Clark Distilling Co. v. Western Maryland Railway Co.Supreme Court of the United States · 1917
- State v. RawlingsSupreme Court of Missouri · 1911
- State v. BurnsSupreme Court of Missouri · 1911
3Cited by1 opinion
- State of Missouri v. KramerMissouri Court of Appeals · 1920