Legal Opinion

State v. Whittaker

Supreme Court of Missouri

Decided March 15, 1863PublishedCited by 14 opinions

Appeal from St. Louis Criminal Court. 1. Has a manufacturer the right to deal in the selling of goods of his own manufacture, at a store, stand or place occupied for that purpose, without having a license ? 2. Has a manufacturer the right to deal in the selling of goods of his own manufacture, at a store, stand or place occupied for that purpose, without having a license, said store, stand or place being also the place where said goods are manufactured ? Which two…

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Appeal from St. Louis Criminal Court. 1. Has a manufacturer the right to deal in the selling of goods of his own manufacture, at a store, stand or place occupied for that purpose, without having a license ? 2. Has a manufacturer the right to deal in the selling of goods of his own manufacture, at a store, stand or place occupied for that purpose, without having a license, said store, stand or place being also the place where said goods are manufactured ? Which two propositions are resolved into one, viz: Is he a merchant as designated by the law of the State ? (Laws of 1859, p. 53.) Section…

1Opinion of the CourtBates, Judge

At the July term, 1860, of the St. Louis Criminal Court, the defendant was indicted for dealing as a merchant in the selling of goods, by selling one thousand hams, which were not unmanufactured articles, the growth or produce of this or any other State, at a place occupied by the defendant for that purpose, without having a license therefor. At the trial, it appeared that defendant was a pork-packer; that he purchased hogs and cut them up and cured hams, some of which he habitually sold at his place of business in St. Louis, and others he shipped to other markets for sale.

The defendant asked…

2Cases cited1 opinion

  1. State v. CoxSupreme Court of Missouri · 1862

3Cited by14 opinions

  1. City of St. Louis v. SternbergSupreme Court of Missouri · 1879
  2. Kansas City v. GrushSupreme Court of Missouri · 1899
  3. Phillips v. ByersCalifornia Supreme Court · 1922
  4. Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
  5. Town of Canton v. McDanielSupreme Court of Missouri · 1905

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