Josey v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit,.Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant was indicted for the crime of selling liquor without a license in Hempstead County, Arkansas, on the 19th day of October, 1907. Witness Lewis testified that he gave appellant an order for some whisky, gave him the money in the morning, and in the afternoon appellant handed him a quart of whisky, at the head of the stairs in the Opera House.
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Appeal from Hempstead Circuit,.Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant was indicted for the crime of selling liquor without a license in Hempstead County, Arkansas, on the 19th day of October, 1907. Witness Lewis testified that he gave appellant an order for some whisky, gave him the money in the morning, and in the afternoon appellant handed him a quart of whisky, at the head of the stairs in the Opera House. The whisky was delivered to the witness in the town of Hope, Hempstead Count}', Arkansas, in October, 1907, before he went before the grand jury. The whisky was…
1Opinion of the CourtWood, J.
(after stating the facts.) This court, in Herron v. State, 51 Ark. 133, held that “the delivery of goods to a carrier, when made in pursuance of an order to ship them, is in effect a delivery to the consignee.” S'ee also cases cited in the opinion.
This is upon the theory that the common carrier is the agent of the consignee who orders the goods shipped. See State v. Carl, 43 Ark. 353, and cases cited. The rule with reference to a delivery to a public carrier being a delivery to the consignee is very carefully and correctly stated by the Supreme Court of Massachusetts as follows: “When goods…
2Cases cited10 opinions
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- Roberts v. StateSupreme Court of Arkansas · 1907
- Templeton v. Equitable Manufacturing Co.Supreme Court of Arkansas · 1906
- Williams v. StateSupreme Court of Arkansas · 1880
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3Cited by12 opinions
- Denison v. PhippsSupreme Court of Oklahoma · 1922
- Commonwealth v. JobeSuperior Court of Pennsylvania · 1927
- Consolidated Fuel Co. v. GunnSupreme Court of Oklahoma · 1923
- Huff v. StateSupreme Court of Arkansas · 1924
- American Body & Trailer Co. v. HigginsSupreme Court of Oklahoma · 1944
7 more not listed; retrieve them via the Exa API.