Dolson v. Hope
Supreme Court of Kansas
Error from Shawnee District Court. Hope brought his action to recover $72 and interest for certain wines sold by him to Dolson. The case was tried upon an agreed statement of facts set forth in full in the opinion. The defendant claimed that, as Hope was not a licensed liquor-seller, the contract of sale was void under the statute, and no recovery could be had.
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Error from Shawnee District Court. Hope brought his action to recover $72 and interest for certain wines sold by him to Dolson. The case was tried upon an agreed statement of facts set forth in full in the opinion. The defendant claimed that, as Hope was not a licensed liquor-seller, the contract of sale was void under the statute, and no recovery could be had. The district court gave judgment for the plaintiff, and the defendant brings the case here on error. 1. At the time of the contract sued on, Hope was engaged in the sale of intoxicating liquors. He sold to plaintiff in error…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The agreed facts in the case made, and on which the court below made its findings, are as follows : “ The plaintiff in the case, James G. Hope, was on the 25th day of March, 1870, engaged in selling wines, whiskies, brandies and intoxicating liquors generally by wholesale, (that is, he never sold in less quantities than one quart,) in the city of Topeka, county of Shawnee. He did not then have, nor has he ever had from the State of Kansas, the county of Shawnee, or the city of Topeka, or from any other tribunal, a license as grocer,…
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3Cited by6 opinions
- Alexander v. O'DonnellSupreme Court of Kansas · 1874
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