State v. Tuffs
Montana Supreme Court
Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by tbe state against F. A. Tuffs. From a judgment of guilty and from an order denying him a new trial, defendant appeals. An “itinerant vender” has been defined to be a person who sells and delivers the identical goods he carries with him. (State v. Lee, 113 N. C. 681, 37 Am. St. Rep. 640, 18 S. E. 713.) Only the person who itinerates for trading purposes is a peddler.
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Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by tbe state against F. A. Tuffs. From a judgment of guilty and from an order denying him a new trial, defendant appeals. An “itinerant vender” has been defined to be a person who sells and delivers the identical goods he carries with him. (State v. Lee, 113 N. C. 681, 37 Am. St. Rep. 640, 18 S. E. 713.) Only the person who itinerates for trading purposes is a peddler. So, an employer, though he be owner of the goods, the team and vehicle, is not required to obtain a license or be subject to any forfeiture for failure…
1Opinion of the CourtJustice Holloway
This cause was submitted upon an agreed statement of facts. The defendant was found guilty and appealed from the judgment and from an order denying him a new trial.
*23The prosecution was conducted under Chapter 110, Laws of [1] 1911. Section 1 of the Act defines an itinerant vender, and that definition, so far as applicable here, follows: “Every person who personally solicits orders for the future delivery of any goods, wares or merchandise, either by or without sample, including peddlers and hawkers, is an itinerant vender within the meaning of this Act; Provided, however, that this section…
2Cases cited5 opinions
- State v. BristowSupreme Court of Iowa · 1906
- McLaughlin v. BardsenMontana Supreme Court · 1915
- In re WisnerMontana Supreme Court · 1907
- Grand Union Tea Co. v. EvansDistrict Court, D. Oregon · 1914
- State v. WellsSupreme Court of New Hampshire · 1898
3Cited by7 opinions
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- State v. RobbinsIdaho Supreme Court · 1938
- State v. Lutey Bros.Montana Supreme Court · 1919
- In re MooreIdaho Supreme Court · 1924
- White Ex Rel. White v. SorensonMontana Supreme Court · 1963
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