Garrett-Williams Co. v. Watkins
Supreme Court of Vermont
General Assumpsit for intoxicating liquors sold and delivered. Plea, the general issue. Trial by court at the March Term, 1910, Rutland County, Hall, J., presiding. Judgment for the plaintiff. The defendant excepted. McCloy is dead,, and defendant is sued as surviving partner. The opinion slates-• the case. Plaintiff had no license to sell intoxicating liquors in this-State, and its sales are therefore contraband, and no recovery can be had therefor.
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General Assumpsit for intoxicating liquors sold and delivered. Plea, the general issue. Trial by court at the March Term, 1910, Rutland County, Hall, J., presiding. Judgment for the plaintiff. The defendant excepted. McCloy is dead,, and defendant is sued as surviving partner. The opinion slates-• the case. Plaintiff had no license to sell intoxicating liquors in this-State, and its sales are therefore contraband, and no recovery can be had therefor. Miller v. Ammon, 145 U. S. 421; 9 Cyc. 478 and cases cited; 23 Cyc. 335 and cases cited; Harrison v. Nichols, 31 Vt. 709; Briggs v. Campbell, 25…
1Opinion of the CourtRowell, C. J.
This is assumpsit for the price of intoxicating liquors sold and delivered to one McCloy between May 3, 1905, and May 1, 1906, during which time McCloy held a second class license for selling intoxicating liquors at retail in the city of Rutland, and also during which time he was in partnership with the defendant in said business on terms that he was to carry on the business and that the defendant should furnish the money and have half the profits.
The plaintiff is a foreign corporation located and doing business in Baltimore, Md., and Garrett, one of the directors, solicited and agreed upon…
2Cases cited5 opinions
- Long v. StateSupreme Court of Alabama · 1855
- Shaw v. StateIndiana Supreme Court · 1877
- State v. McConnellSupreme Court of Iowa · 1894
- Lynch v. StateSupreme Court of Alabama · 1906
- Street v. HallSupreme Court of Vermont · 1857
3Cited by2 opinions
- Price v. MarcusSupreme Court of Oklahoma · 1947
- Fitzgerald Bros. Brewing Co. v. Kelley's EstateSupreme Court of Vermont · 1918