Craig v. Plunkett

Supreme Court of Iowa

Craig v. Plunkett

48 N.W. 984, 82 Iowa 474

DecidedMay 20, 1891

StatusPublished

This text of 48 N.W. 984 (Craig v. Plunkett) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craig v. Plunkett, 48 N.W. 984, 82 Iowa 474 (iowa 1891).

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Opinion

Given, J.

The only question involved is whether, under the evidence, the court should not have found for the plaintiff. The defendant was a practicing physician, and kept a drugstore; but it is not claimed that he had authority to sell intoxicating liquors for any purpose. Three witnesses testify to each of them having, purchased a small quantity of alcohol from defendant.. [475]*475The defendant, in his testimony, denies having sold alcohol to one of the witnesses ; admits the sale to another hut says it was for the purpose of mixing a liniment, and does not distinctly deny the other sale. There was also testimony tending to show that the defendant’s place was reputed as being a place where intoxicating liquors were sold.

The defendant seems to rely upon the mitigating-circumstances under which and the purposes for which the sales were made, and that the alcohol was not sold “asa beverage” as charged. The defendant not having-authority to sell to any person for any purpose, the circumstances and purposes cannot be a justification. The charge that the liquors were sold as a beverage is mere surplusage, the defendant being alike liable-whether the sales were for that purpose or any other. We think it very clear that the allegations of the-petition were fully sustained, and that a decree should have been entered as prayed. The decree of the district court is, therefore, reversed, and a decree will be entered for the plaintiff as prayed, including an attorney’s fee for the plaintiff’s attorney of fifty dollars for services in. the district court. Reversed.

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Given, J.

The only question involved is whether, under the evidence, the court should not have found for the plaintiff. The defendant was a practicing physician, and kept a drugstore; but it is not claimed that he had authority to sell intoxicating liquors for any purpose. Three witnesses testify to each of them having, purchased a small quantity of alcohol from defendant.. [475]*475The defendant, in his testimony, denies having sold alcohol to one of the witnesses ; admits the sale to another hut says it was for the purpose of mixing a liniment, and does not distinctly deny the other sale. There was also testimony tending to show that the defendant’s place was reputed as being a place where intoxicating liquors were sold.

The defendant seems to rely upon the mitigating-circumstances under which and the purposes for which the sales were made, and that the alcohol was not sold “asa beverage” as charged. The defendant not having-authority to sell to any person for any purpose, the circumstances and purposes cannot be a justification. The charge that the liquors were sold as a beverage is mere surplusage, the defendant being alike liable-whether the sales were for that purpose or any other. We think it very clear that the allegations of the-petition were fully sustained, and that a decree should have been entered as prayed. The decree of the district court is, therefore, reversed, and a decree will be entered for the plaintiff as prayed, including an attorney’s fee for the plaintiff’s attorney of fifty dollars for services in. the district court. Reversed.

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Bluebook (online)

48 N.W. 984, 82 Iowa 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-plunkett-iowa-1891.