Pearson v. State
Pearson v. State
Opinion of the Court
delivered the opinion of the court.
The sale of the whisky was complete at Memphis, upon delivery to the express company, and the fact that the order for it was taken in Panola county, and that payment for it was received there, did not make the appellant guilty of selling in that county. The point is, where was delivery made ? If the seller was to deliver the whisky in Panola county, before any right accrued to him to claim pay for it, the sale was not complete until delivery at the place of its destination, but, if the delivery was in Memphis to the carrier as the agent of the buyer, the sale was then complete, and the law of Mississippi was not violated. A delivery to the carrier-in the usual course of trade is deemed by law prima facie a delivery to the consignee, and according to the testimony that was-the understanding of the parties in this case.
Reversed and remanded.
Reference
- Full Case Name
- L. L. Pearson v. State
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Sale oe Personal Property. When complete. Delivery to carrier. A sale of personal property is ordinarily completed by its delivery to the purchaser. Delivery to a carrier for shipment, in the usual course of trade, is prima fade a delivery to the consignee. 2. Sale oe Liquors. When completed in another state. Case in judgment. Where whisky is by agreement delivered to a carrier in another state for shipment to the buyer within this state, and the delivery is to the carrier as agent of the buyer, there is no sale within this state, although the order for the liquor is taken in Mississippi and payment therefor is received in this state. In such case, the seller cannot be convicted for violation of the lawB of this state against retailing. ,