Evans v. Hall
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Tioga county. This was an action brought originally before a justice of the peace, by Thomas Evans against Benjamin B. Hall, and came into the Common Pleas by defendant’s appealing from the judgment which was entered against him. The material facts of the case were these: — On the 13th of March 1856, Thomas C. Hoover sold to B. It.
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ERROR to the Common Pleas of Tioga county. This was an action brought originally before a justice of the peace, by Thomas Evans against Benjamin B. Hall, and came into the Common Pleas by defendant’s appealing from the judgment which was entered against him. The material facts of the case were these: — On the 13th of March 1856, Thomas C. Hoover sold to B. It. Hall, who was at that time a licensed innkeeper, a cask of brandy, said to contain forty gallons, receiving therefor a watch, and a note drawn by defendant for $120, payable one day after date, to Thomas C. Hoover, or bearer. On the 8th…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
The Act of the 14th April 1855, “to restrain the sale of intoxicating liquors,” was so ill-defined, disjointed, *236and imperfect, that it was repealed on tbe 31st March 1856, having been in force less than one year from its passage.
The brandy, for which this suit was brought, was sold to the defendant a few days before the repeal of this act, but the contract is supposed to be affected by its being in force at the date of the sale. It is true, as contended for, that if the sale was contrary to a statutory prohibition, either express or to be…
2Cases cited5 opinions
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Hatzfield v. GuldenSupreme Court of Pennsylvania · 1838
- Columbia Bank & Bridge Co. v. HaldemanSupreme Court of Pennsylvania · 1844
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Neel, Insurance Commissioner v. CannSuperior Court of Pennsylvania · 1945
- Brands v. WiseSuperior Court of Pennsylvania · 1901
- City of Chester v. McGeogheganSuperior Court of Pennsylvania · 1898
- Simon v. IrwinSuperior Court of Pennsylvania · 1929
- Zimmerman v. SnyderSuperior Court of Pennsylvania · 1899