Berger v. State
Supreme Court of Arkansas
APPEAL from Hot Springs Circuit Court. J. B. Wood, Judge. 1. Appellant was not the agent of the Lederers in the sale of the liquor; he did not solicit the orders, he merely forwarded them for the accommodation of Carmichael, and requested the whiskey to be lor-warded in his case. The sale occurred at Donaldson, where the liquor was delivered .to the carrier.
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APPEAL from Hot Springs Circuit Court. J. B. Wood, Judge. 1. Appellant was not the agent of the Lederers in the sale of the liquor; he did not solicit the orders, he merely forwarded them for the accommodation of Carmichael, and requested the whiskey to be lor-warded in his case. The sale occurred at Donaldson, where the liquor was delivered .to the carrier. J{3 Ark. $58; 128 Mass. 171. The facts in this case show that the appellant was the agent of the Lederers; the order was received at Malvern; the money paid there, and goods delivered to appellant there. See Story on Agency, par. 3;…
1Opinion of the CourtOocKRiLL, C. J.
1.Intoxicating Liqours: Sale on order. Delivery by agent Place of sale. Berger, the appellant, is a at Malvern — a town where no license can be issued for the sale of intoxicating liquors. Lederer & Bro. were licensed liquor dealers at Donaldson — a station in the same county on the same line of railway, but not within the territory where the -sale of liquor is prohibited. Persons at Malvern who wanted Lederer’s liquors would leave orders for what they desired with Berger, who would forward them to Donaldson to . be filled. The Lederers, except in rare instances, accepted the orders, placed…
2Cases cited6 opinions
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
- Webber v. HoweMichigan Supreme Court · 1877
- Frank v. HoeyMassachusetts Supreme Judicial Court · 1880
- Parsons Oil Co. v. BoyettSupreme Court of Arkansas · 1884
- Yowell v. StateSupreme Court of Arkansas · 1883
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3Cited by15 opinions
- State v. GrierNew York Court of General Session of the Peace · 1913
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- Schondel v. StateIndiana Supreme Court · 1910
- Harper v. StateSupreme Court of Arkansas · 1909
- State v. RosenbergerSupreme Court of Missouri · 1908
10 more not listed; retrieve them via the Exa API.