Brittain v. Bethany

Mississippi Supreme Court

Brittain v. Bethany

31 Miss. 331

DecidedApril 15, 1856

StatusPublished

This text of 31 Miss. 331 (Brittain v. Bethany) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brittain v. Bethany, 31 Miss. 331 (Mich. 1856).

Pincite

Opinion

Fisher, J.,

delivered the opinion of the court.

The account sued on consists mainly of items for spiritous liquors, sold by retail to the defendant. The account was established by sufficient evidence. The proof also showed that the plaintiff was a retail grocer.

Upon this state of the case the court charged the jury, that the plaintiff could not recover more than five dollars; credit beyond that sum, for spiritous liquors sold by retail, being prohibited by the statute.

The statute applies only to inn-keepers, and not to persons engaged in keeping a retail grocery. Hutch. Code, 267, § 18.

Judgment reversed, and cause remanded.

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Fisher, J.,

delivered the opinion of the court.

The account sued on consists mainly of items for spiritous liquors, sold by retail to the defendant. The account was established by sufficient evidence. The proof also showed that the plaintiff was a retail grocer.

Upon this state of the case the court charged the jury, that the plaintiff could not recover more than five dollars; credit beyond that sum, for spiritous liquors sold by retail, being prohibited by the statute.

The statute applies only to inn-keepers, and not to persons engaged in keeping a retail grocery. Hutch. Code, 267, § 18.

Judgment reversed, and cause remanded.

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Bluebook (online)

31 Miss. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brittain-v-bethany-miss-1856.