Morris v. Terre Haute Brewing Co.

Court of Appeals of Georgia

Morris v. Terre Haute Brewing Co.

87 S.E. 159, 17 Ga. App. 383, 1915 Ga. App. LEXIS 437

CourtCourt of Appeals of Georgia

DecidedDecember 2, 1915

Docket6305

StatusPublished

Cited by2 cases

This text of 87 S.E. 159 (Morris v. Terre Haute Brewing Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morris v. Terre Haute Brewing Co., 87 S.E. 159, 17 Ga. App. 383, 1915 Ga. App. LEXIS 437 (Ga. Ct. App. 1915).

Pincite

Opinion

Broyles, J.

1. The sale, or keeping on hand for sale, of alcoholic, spirituous, malt, intoxicating liquors, or intoxicating bitters, or other drinks, which, if drunk to excess, will produce intoxication, is illegal in this State. Penal Code. § 426.

2. Where a brewing company advances money to A. to pay a State license for the operation of a “near-beer” saloon in this State, and the consideration for this loan is that A. shall sell no other beer than the beer sold by this brewing company, and where this beer, when drunk to excess, is intoxicating, the contract is based upon an illegal and immoral consideration, and no recovery thereon can be had.

3. The evidence set forth in the petition for certiorari demanded a finding that the beer in question was intoxicating.

4. The judge of the superior court erred in refusing to sanction the certiorari. Judgment reversed.

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