Legal Opinion

Weil v. Golden

Massachusetts Supreme Judicial Court

Decided March 31, 1886PublishedCited by 14 opinions

Contract to recover the amount of a draft drawn by the plaintiff, doing business as Leon Weil and Company at Philadelphia, Pennsylvania, March 18, 1879, at four months, upon the defendant, at Pawtucket, Rhode Island, and there accepted by him.

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Contract to recover the amount of a draft drawn by the plaintiff, doing business as Leon Weil and Company at Philadelphia, Pennsylvania, March 18, 1879, at four months, upon the defendant, at Pawtucket, Rhode Island, and there accepted by him. The answer alleged that the acceptance was given for the price of intoxicating liquors sold by the plaintiff to the defendant, to be resold by him in Pawtucket; that, at the time of the sale, no licenses for the sale of such liquors were granted in Pawtucket, and the sale thereof was illegal and contrary to law, which the plaintiff well knew; and that…

1Opinion of the CourtW. Allen, J.

This ease was confused at the trial and at the argument by surmises as to what might have been the effect had the sale been made in Philadelphia. There was no evidence of a sale there. The place of sale was where the sale was completed by delivery. Both of the witnesses testified that the goods were to be délivered, and were delivered, in Pawtucket; and also — what is of consequence only as bearing on the question of the place of delivery — that the plaintiff was to pay, and did pay, the freight to Pawtucket. The testimony, if believed, proved a sale made in Rhode Island, illegal and void by…

2Cases cited1 opinion

  1. Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873

3Cited by14 opinions

  1. Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
  2. West India Oil Co. v. Sancho BonetSupreme Court of Puerto Rico · 1939
  3. Dunn v. StateSupreme Court of Georgia · 1889
  4. Hunter Bros. Milling Co. v. Kramer Bros.Supreme Court of Kansas · 1905
  5. United States v. ChevallierCourt of Appeals for the Ninth Circuit · 1901

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