Liefheit v. Jos. Schlitz Brewing Co.
Supreme Court of Iowa
'Appeal from Limn District Court. — Hon. William GL Thompson, Judge. One Jurries purchased ir.toxicating liquors of defendant company, and paid therefor, and this action by his assignee is to recover the amount so paid, together with a smaller sum which, it is claimed, was advanced and paid by Jurries for different purposes, at defendant’s request. There was a jury trial which resulted in a verdict for defendant, upon which judgment was duly entered. Plaintiff appeals.
1Opinion of the CourtWaterman, J.
Counsel for appellant devote a very considerable portion of their argument to a discussion of matters which we may accept as established in accordance with their claims. We start, then, with the assumption that the sales in question were made in Iowa; that they were illegal; and that the money so paid may, under our law, upon a proper showing, be recovered bade. The court, in the third paragraph of its charge to the jury, said, in substance, that, to-entitle plaintiff to recover, he must prove that he made demand upon defendant for the money claimed, before suit brought. No complaint is made…
2Cases cited3 opinions
- Kirk v. LitterstSupreme Court of Iowa · 1887
- Keokuk Stove Works v. D. Hammond & SonSupreme Court of Iowa · 1895
- Norris v. KippSupreme Court of Iowa · 1888