Bluthenthal & Bickert v. McWhorter
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. J. C. Richardson. This aetipn was brought by appellants against appellee, and counted upon a promissory note given by appellee to appellants. The defendant pleaded three special pleas, besides the general issue and payment.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. J. C. Richardson. This aetipn was brought by appellants against appellee, and counted upon a promissory note given by appellee to appellants. The defendant pleaded three special pleas, besides the general issue and payment. The third and fourth pleas were as follows: (3.) “That the consideration for the note sued on was vinous, spirituous or malt liquors, which were sold by the plaintiffs to defendant, that ait the time of said sale, there was a law in force prohibiting the sale of such liquors in Lowndes county, Alabama; that…
1Opinion of the Court
McCLELLA.N, 'O. J.
If A., doing business and 'selling intoxicating liquors outside of a prohibitory district there sells such liquors to B., knowing that the latter is purchasing them for resale within a prohibitory district, but B.’s purpose in this connection is not carried out and the liquors are not resold in such district, A. may recover the price of the goods from B. Plea 3 fails to aver that the liquors constituting the 'Consideration of the note sued on, or any part of them, were sold by the defendant in the district where the prohibition relied on obtained, and was therefore bad. Mere…
2Cited by5 opinions
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
- Ex Parte RiceSupreme Court of Alabama · 1952
- Birmingham Trust & Savings Co. v. CurreySupreme Court of Alabama · 1911
- McWhorter v. Bluthenthal & BickertSupreme Court of Alabama · 1902
- Hoefeld v. OzelloIllinois Supreme Court · 1919