Legal Opinion

Bliss v. Brainard

Supreme Court of New Hampshire

Decided July 15, 1860Published

Assumpsit, upon tbe following account: 1857. C. H. Brainard to H. C. H. Bliss, Dr. May 27, To 4 pipe Cog. brandy, 204 gallons, at $5 per gallon, $102.50 “ paid freight, .56 “ “ carting, ' .38 duly 15, To 1 bbl. old Bourbon whisky, 411- gallons, at $2 per gallon, 83.00 “ 1 bbl. St. George & H. rum, 40 gallons, at $1.25 per gallon, 50.00 “ 10 gallons brown Sherry wine, at $2, 20.00 “ barrel, $1; keg, $1; carting, .75, 2.75 “ paid freight, 2.82 $262.01 Plea, the general issue.

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Assumpsit, upon tbe following account: 1857. C. H. Brainard to H. C. H. Bliss, Dr. May 27, To 4 pipe Cog. brandy, 204 gallons, at $5 per gallon, $102.50 “ paid freight, .56 “ “ carting, ' .38 duly 15, To 1 bbl. old Bourbon whisky, 411- gallons, at $2 per gallon, 83.00 “ 1 bbl. St. George & H. rum, 40 gallons, at $1.25 per gallon, 50.00 “ 10 gallons brown Sherry wine, at $2, 20.00 “ barrel, $1; keg, $1; carting, .75, 2.75 “ paid freight, 2.82 $262.01 Plea, the general issue. The plaintiff testified that he received a verbal order, through his agent, one Thayer, from the defendant for these…

1Opinion of the CourtEowueR, J.

The instructions of the court below, taken in connection with the verdict rendered by the jury, raise distinctly the questions, whether, where the price of liquors, sold in another State by a person not shown to have been authorized to sell them, with no evidence for what use they were sold, is sought to be recovered here, the sale is to be presumed to have been made in violation of the general laws of that State, prohibiting all sales of liquors, except to be used in the arts, or for medicinal, chemical, and mechanical purposes, and not for those uses even, unless made by specially…

2Cases cited6 opinions

  1. Armstrong v. TolerSupreme Court of the United States · 1826
  2. Hooker & Woodward v. VandewaterNew York Supreme Court · 1847
  3. Andrews v. HerriotNew York Supreme Court · 1825
  4. Odiorne v. MaxcyMassachusetts Supreme Judicial Court · 1818
  5. Hunt v. KnickerbackerNew York Supreme Court · 1810

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