Legal Opinion

Commonwealth v. Burgett

Massachusetts Supreme Judicial Court

Decided February 29, 1884PublishedCited by 6 opinions

Complaint alleging an illegal sale of intoxicating liquors by the defendant to one Francis H. Caffin, at Hyde Park, on July 23, 1883. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence that the defendant was, at the time of the alleged illegal sale, the manager of the Cushing Process Company, a corporation organized for the purpose of purifying intoxicating liquors and selling the same, and…

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Complaint alleging an illegal sale of intoxicating liquors by the defendant to one Francis H. Caffin, at Hyde Park, on July 23, 1883. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence that the defendant was, at the time of the alleged illegal sale, the manager of the Cushing Process Company, a corporation organized for the purpose of purifying intoxicating liquors and selling the same, and having its place of business in Boston; that, at some time' prior to the alleged sale, the Cushing Process Company procured…

1Opinion of the CourtField, J.

There was evidence for the jury that the defendant intended that the whiskey should be at the risk of the company until delivered to the buyer at Hyde Park; and that it was the understanding of the defendant, that until, and unless, the *456whiskey was so delivered, the order was not filled, and the company was not entitled to retain the money sent. This is evidence of a sale in Hyde Park. No error appears in the exceptions. Commonwealth v. Greenfield, 121 Mass. 40. Suit v. Woodhall, 113 Mass. 391.

Exceptions overruled.

2Cases cited2 opinions

  1. Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
  2. Commonwealth v. GreenfieldMassachusetts Supreme Judicial Court · 1876

3Cited by6 opinions

  1. Merrill v. StateIndiana Supreme Court · 1911
  2. Barry v. StateIndiana Supreme Court · 1918
  3. Commonwealth v. HugoMassachusetts Supreme Judicial Court · 1895
  4. Northcutt v. StateCourt of Criminal Appeals of Texas · 1896
  5. State v. KindSupreme Court of New Jersey · 1910

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