Home/Court of Appeals of Georgia/Turner v. Brunswick Distributing Company, Inc.

Turner v. Brunswick Distributing Company, Inc.

98 S.E.2d 591, 95 Ga. App. 651, 1957 Ga. App. LEXIS 888
Court of Appeals of Georgia·Decided May 1, 1957·No. 36646·Published·Cited by 9 cases

Opinion

Felton, C. J.

There is no statute which prohibits the credit sale of spirituous liquors. This court cannot take judicial notice of regulations of the State Revenue Commissioner. Bernstein v. Peters, 69 Ga. App. 525, 532 (26 S. E. 2d 192). Consequently, the two grounds of the demurrer which sought to allege violation of a regulation of the Revenue Commissioner were speaking, and were, therefore, properly overruled. See Code § 81-304, cases cited under catchwords, “Speaking demurrers.”

The ground of the demurrer alleging that the sale was void because of public policy is without merit. The petition shows that it was a sale by a distributor to a licensed retailer and we cannot say that under such circumstances, a sale of whisky on credit violates public policy.

The court did not err in overruling the general demurrer.

Judgment affirmed.

Quillian and Nichols, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Turner v. Brunswick Distributing Company, Inc., 98 S.E.2d 591, 95 Ga. App. 651, 1957 Ga. App. LEXIS 888 (Ga. Ct. App. 1957).

98 S.E.2d 591 (Turner v. Brunswick Distributing Company, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Graham Bros. Construction Co. v. Seaboard Coast Line Railroad
257 S.E.2d 321 (Court of Appeals of Georgia, 1979)
Blanchard v. Westview Cemetery, Inc.
183 S.E.2d 399 (Court of Appeals of Georgia, 1971)
Peoples, Inc. v. DeVane
152 S.E.2d 649 (Court of Appeals of Georgia, 1966)
Daniels v. Sanders
151 S.E.2d 820 (Court of Appeals of Georgia, 1966)
Gunther v. Gillis
150 S.E.2d 309 (Court of Appeals of Georgia, 1966)
Davis v. General Gas Corp.
126 S.E.2d 820 (Court of Appeals of Georgia, 1962)