Scanlan v. Childs
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rode County. Action upon a due-bill from Childs to Scanlan for $37.59, on which was indorsed a payment of $15.10. Childs claimed a set-off of $22.50, the amount of an account for beer and ale sold the plaintiff by one Rogers, which account was assigned by Rogers to Childs, after the making.of the due-bill, but before suit brought.
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APPEAL from tbe Circuit Court for Rode County. Action upon a due-bill from Childs to Scanlan for $37.59, on which was indorsed a payment of $15.10. Childs claimed a set-off of $22.50, the amount of an account for beer and ale sold the plaintiff by one Rogers, which account was assigned by Rogers to Childs, after the making.of the due-bill, but before suit brought. It appeared that Rogers was a manufacturer of beer and ale in Janesville, which he sold in the original casks, as it was put up, at wholesale to retail dealers in Janes-ville ; that he had a license, thus to manufacture and sell,…
1Opinion of the Court
Dixosr, 0. J.
It would be a surprise to the legal profession, as well as the business community, we think, were it now to be held that the manufacturer of ale or beer residing within this state and selling the same only by the barrel, keg or cask, *666not to be drunk or disposed of, in quantities large or small, in or about bis manufactory or premises, but only to be retailed, dealt in and used at other places and by other persons, is required by the excise laws to take out a license for such sale. This would be so, we think, because such has never been the understanding or practice in any part of…
2Cases cited3 opinions
- Brown v. MarylandSupreme Court of the United States · 1827
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- City of St. Paul v. TroyerSupreme Court of Minnesota · 1859
3Cited by29 opinions
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Bloxham v. Consumers' Electric Light & Street RailroadSupreme Court of Florida · 1895
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