M. W. Kerwin & Co. v. Doran
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. Cyrus A. Anthony, Judge. The case is stated in the opinion. I. The trial court erred in sustaining plaintiffs’ motion to strike out the second count of defendant’s .answer; such a counter-claim has been sustained. Weber v. How, 36 Mich. 150. This count alleged a contract made in Iowa; the motion confessed the fact; hence, the law of Iowa must govern this contract. Story •Coni.
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Appeal from Nodaway Circuit Court, Hon. Cyrus A. Anthony, Judge. The case is stated in the opinion. I. The trial court erred in sustaining plaintiffs’ motion to strike out the second count of defendant’s .answer; such a counter-claim has been sustained. Weber v. How, 36 Mich. 150. This count alleged a contract made in Iowa; the motion confessed the fact; hence, the law of Iowa must govern this contract. Story •Coni. Laws, secs. 242, 280 ; Banlc v. Donnally, 8 Peters [U. S.] 372; Broadhead v. Noyes, 9 Mo. 56; Golsen v. Ebert, 52 Mo. 260; Roach v. Type Foundry, 21 Mo. App. 118; Burchard v.…
1Opinion of the CourtPhilips, P. J.
Prior to the making of the contracts in question, and ever since, there existed in the state of Iowa what is commonly known as a prohibitory law against the sale of intoxicating liquors. By it no person was permitted to manufacture, or sell, or keep for the purpose of sale, any such liquors in the state, except for mechanical, medicinal, culinary, and sacramental purposes. By it all contracts of sales, and obligations therefor, were declared void; and all payments made therefor are declared to be in violation of the statute, and to have been received upon a promise to refund the same to the…
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- Hull v. . RugglesNew York Court of Appeals · 1874
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