Commonwealth v. Abrams

Massachusetts Supreme Judicial Court

Commonwealth v. Abrams

23 N.E. 53, 150 Mass. 393, 1890 Mass. LEXIS 289

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 1, 1890

StatusPublished

Cited by7 cases

This text of 23 N.E. 53 (Commonwealth v. Abrams) 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.

Bluebook

Commonwealth v. Abrams, 23 N.E. 53, 150 Mass. 393, 1890 Mass. LEXIS 289 (Mass. 1890).

Pincite

Opinion

Devens, J.

It was found by the jury that, while no money passed or was to pass for the beer delivered by the defendant, it was delivered upon an agreement, express or implied, that other beer would be returned in payment for it. The intention [394]*394of the Legislature in forbidding the sale of intoxicating liquors was to cover every transfer of them for value, in whatever form the consideration for such transfer was to be given or paid. The ruling that such a delivery as that found by the jury to have been ■ made was a sale, was therefore correct, and was in accordance with the previous decisions of this court. Mason v. Lothrop, 7 Gray, 354. Commonwealth v. Burns, 8 Gray, 482. Commonwealth v. Clark, 14 Gray, 367. Howard v. Harris, 8 Allen, 297. Exceptions overruled.

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Devens, J.

It was found by the jury that, while no money passed or was to pass for the beer delivered by the defendant, it was delivered upon an agreement, express or implied, that other beer would be returned in payment for it. The intention [394]*394of the Legislature in forbidding the sale of intoxicating liquors was to cover every transfer of them for value, in whatever form the consideration for such transfer was to be given or paid. The ruling that such a delivery as that found by the jury to have been ■ made was a sale, was therefore correct, and was in accordance with the previous decisions of this court. Mason v. Lothrop, 7 Gray, 354. Commonwealth v. Burns, 8 Gray, 482. Commonwealth v. Clark, 14 Gray, 367. Howard v. Harris, 8 Allen, 297. Exceptions overruled.

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Bluebook (online)

23 N.E. 53, 150 Mass. 393, 1890 Mass. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-abrams-mass-1890.

Opinion

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