J. & J. Eager Co. v. Burke
Supreme Court of Connecticut
Action to recover for whiskey sold and delivered to the defendant’s intestate, brought to the Court of Common Pleas in New Haven County and tried to the court, Hubbard, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The complaint and bill of particulars allege a sale by the plaintiff, in the State of New York, of two barrels of whiskey, to the defendant’s intestate, one James P. Burke.
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Action to recover for whiskey sold and delivered to the defendant’s intestate, brought to the Court of Common Pleas in New Haven County and tried to the court, Hubbard, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The complaint and bill of particulars allege a sale by the plaintiff, in the State of New York, of two barrels of whiskey, to the defendant’s intestate, one James P. Burke. The anwers denies any sale in New York, and alleges by way of special defense, (1) that the whiskey mentioned in the bill of…
1Opinion of the CourtHamersley, J.
The sale took place in New York. Section 3087 of the General Statutes does not attempt to change the law of contract in respectto sales of this character. In State v. Ascher, 54 Conn. 299, it was held that the language of this section should be construed as punishing any person not having a license to • sell liquor, who, within this State, should procure orders for a sale of liquors, if the liquors so ordered were subsequently sold and came into the possession of the person ordering them, although the actual sale and delivery might take place in another State. The decision does not hold that…
2Cases cited6 opinions
- Stoutenburgh v. HennickSupreme Court of the United States · 1889
- Abberger v. MarrinMassachusetts Supreme Judicial Court · 1869
- New York Breweries Corp. v. BakerSupreme Court of Connecticut · 1896
- State v. AscherSupreme Court of Connecticut · 1886
- D. Sachs & Sons v. GarnerSupreme Court of Iowa · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alfred M. Best Co., Inc. v. GoldsteinSupreme Court of Connecticut · 1938
- Johnson County Savings Bank v. WalkerSupreme Court of Connecticut · 1908
- Charles M. Pfeifer & Co. v. IsraelSupreme Court of North Carolina · 1913