McCarty v. Gordon
Supreme Court of Kansas
■ Error from Leavenworth District Court. Action by Gordon on an account for the sale of six barrels of whisky, amounting to $547.48, on which payments had been made and credited to amount of $229.50, leaving a balance of $317.98, for which plaintiff demanded judgment. Answer, first, a general denial; second, that said sales of liquor were made in Leavenworth, and plaintiff had no license from the city of Leavenworth- authorizing the selling of liquors.
Read the full summary
■ Error from Leavenworth District Court. Action by Gordon on an account for the sale of six barrels of whisky, amounting to $547.48, on which payments had been made and credited to amount of $229.50, leaving a balance of $317.98, for which plaintiff demanded judgment. Answer, first, a general denial; second, that said sales of liquor were made in Leavenworth, and plaintiff had no license from the city of Leavenworth- authorizing the selling of liquors. Trial by the court without a jury, at the February Term 1874. Finding and judgment for plaintiff. McCarty brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The action below was for liquors sold and delivered by defendant in error to plaintiff in error. The case was tried before the court without a jury. No special *37findings of fact were made, and no exceptions to the introduction of testimony. So that the only question presented for our consideration is, whether the evidence is sufficient to sustain the judgment. It appears that Gordon, the plaintiff below, was a wholesale liquor-merchant in St. Louis; .that the liquors were sold and delivered to McCarty. The special defense was, that plaintiff…
2Cases cited1 opinion
- Haug v. GillettSupreme Court of Kansas · 1875
3Cited by6 opinions
- City of Oklahoma City v. MeyersSupreme Court of Oklahoma · 1896
- Wadhams v. BalfourOregon Supreme Court · 1898
- Pabst Brewing Co. v. SmithSupreme Court of Oklahoma · 1913
- City of Kinsley v. DyerlySupreme Court of Kansas · 1908
- Snider v. KoehlerSupreme Court of Kansas · 1877
1 more not listed; retrieve them via the Exa API.