Gage v. Harvey
Supreme Court of Arkansas
Appeal from the Garland Circuit Court. Alexander M. Duffie, Judge. A. Harvey filed • his suit in the Garland circuit court against Vincent Gage, George Sargianovich, J. Kempner and David Belfa to recover $470, alleged to have been lost in a saloon or dram-shop managed by Gage for Sargianovich.
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Appeal from the Garland Circuit Court. Alexander M. Duffie, Judge. A. Harvey filed • his suit in the Garland circuit court against Vincent Gage, George Sargianovich, J. Kempner and David Belfa to recover $470, alleged to have been lost in a saloon or dram-shop managed by Gage for Sargianovich. The complaint alleges that in November, 1895, Sargianovich was the owner of a certain saloon in the city of Hot Springs; that on January 1, 1895, he procured a dram-shop license for the same from the county court of Garland county and executed a bond to the state, with J. Kempner and D. Beffa as his…
1Opinion of the CourtBattle, J.
The question in this case is, can one who becomes intoxicated upon liquor sold to him in„a saloon or dram-shop by the keeper thereof or his agents, and thereby incapacitated to hold and take care of his money, and who, while in that condition, loses it by having it forcibly or without his knowledge or consent taken from his pockets by some person, maintain an action against the keeper and the sureties on his bond to recover the money so taken?
This question arises under section 4870 of Sandels & Hill's Digest, which provides: “Each applicant for a dram-shop or drinking saloon license * * *…
2Cases cited1 opinion
- Shugart v. EganIllinois Supreme Court · 1876
3Cited by23 opinions
- Carr v. TurnerSupreme Court of Arkansas · 1965
- Hill v. WilsonSupreme Court of Arkansas · 1949
- Pulaski Gas Light Co. v. McClintockSupreme Court of Arkansas · 1911
- Arkansas Valley Trust Co. v. McIlroySupreme Court of Arkansas · 1911
- Helena Gas Co. v. RogersSupreme Court of Arkansas · 1912
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