Breck v. Adams
This text of 69 Mass. 569 (Breck v. Adams) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is entirely immaterial to the decision of this case, whether the sale of the liquors taken by the defendants was made in this commonwealth, or in Connecticut. The evidence clearly proves a sale and constructive delivery of them to the plaintiff, so as to vest the property in him before they were seized by the defendants. He therefore had the right of property and possession, and can well maintain this action. It is not a suit to recover the price of liquors sold in violation of law, but to recover the value of property wrongfully taken by the defendants. They show no justification for the seizure. They were mere wrongdoers. The provisions of St. 1852, c. 322, § 19, do not operate to prevent the owners of intoxicating liquors from maintaining an action to recover them or their value, when they are tortiously taken from their possession. This was distinctly settled in Fisher v. McGirr, 1 Gray, 46.
Exceptions sustained.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
69 Mass. 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breck-v-adams-mass-1854.