Williams v. Louis
Supreme Court of Kansas
Error from Anderson District Court. Action by Louis to recover the balance due on account of $158 for brandy, wine, whisky and gin sold to Williams & Pattee, on which defendants had paid $55. Defendants made a general denial, and sought to recover back the $55 paid by them. The liquors were sold at the city of Ottawa, in Franklin co.unty, where Louis was doing business.
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Error from Anderson District Court. Action by Louis to recover the balance due on account of $158 for brandy, wine, whisky and gin sold to Williams & Pattee, on which defendants had paid $55. Defendants made a general denial, and sought to recover back the $55 paid by them. The liquors were sold at the city of Ottawa, in Franklin co.unty, where Louis was doing business. The action was commenced before a justice of the peace in Anderson county, and removed to the district court by appeal, where the action was tried at the September Term 1873. Judgment for plaintiff for amount claimed, and…
1Opinion of the Court
*606The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Jacob Louis against "Williams & Pattee on an account for liquors and other articles sold by him to them. The defense to the action is, that Lonis sold said liquors in violation of law, having no legal license therefor, and therefore that he cannot recover. Section 3 of the act concerning the sale of intoxicating liquors, commonly called the Dramshop Act, makes it unlawful for any person to sell any intoxicating liquor “without taking out and having a license as grocer, dramshop-keeper or tavern-keeper.” (Gen.…
2Cases cited3 opinions
- State v. PittmanSupreme Court of Kansas · 1873
- Dolson v. HopeSupreme Court of Kansas · 1871
- City of Emporia v. VolmerSupreme Court of Kansas · 1874
3Cited by4 opinions
- City of Salina v. SeitzSupreme Court of Kansas · 1876
- Kindley v. RogersSupreme Court of Kansas · 1911
- State v. PitzerSupreme Court of Kansas · 1880
- Commonwealth v. SpenceSupreme Court of Pennsylvania · 1911