Mills v. Perkins
Massachusetts Supreme Judicial Court
Contract on an account annexed for alcohol and cologne spirits sold and delivered to the defendants, and for cartage thereon.
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Contract on an account annexed for alcohol and cologne spirits sold and delivered to the defendants, and for cartage thereon. The answer alleged that the several items in the account annexed were sold in violation of the St. of 1869, o. 415. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows : It was proved that the sales were made in Boston in the years 1872 and 1873. During those years the defendants were not licensed, nor either of them, nor appointed to sell intoxicating or spirituous liquors or alcohol. “ Cologne spirits ” are…
1Opinion of the CourtAmes, J.
A druggist, in the popular acceptation of the word, is one who deals in medicines, or in the materials that are used in the preparation of medicines; the term “ medicines ” being taken in its largest signification. The St. of 1869, c. 415, § 28, which was in force at the date of the sale in this case, evidently uses the word* in this sense. Alcohol undoubtedly enters into the composition of some medicines, but it also has other and more frequent uses less innocent, and not under the protection of the law.' Like any other intoxicating liquor, it may be used medicinally, and when so used it may…
2Cited by1 opinion
- Commonwealth v. RamsdellMassachusetts Supreme Judicial Court · 1881