Commonwealth v. Hess

Citations

• 148 Pa. 98
• 23 A. 981
• 1892 Pa. LEXIS 1493

Syllabus

<p>[Marked to be reported.]</p> <p>Liquor Lav)' — Bottler1 s license — Supplying customers outside the county.</p> <p>A person holding a bottler’s license may sell to any retail dealer in any part of the commonwealth, provided the sales are made at the bottler’s place of business in the county for which his license is granted.</p> <p>Such sales may be made in the usual course of business. It is not necessary that the retail dealer from an adjoining county should call at the place of business of the licensee in order to make his purchase. He may order his goods by mail.</p> <p>Delivery of the goods so ordered may be made by the seller, either by a common carrier or by his own wagons.</p> <p>Defendant was in the habit of receiving orders at his place of business in Philadelphia, from week to week, for lager beer and porter, from licensed hotel keepers in Montgomery county. Upon the receipt of such orders, the materials so ordered were set apart and charged to the purchasers upon the books of the defendant, the sale in each instance being upon credit. The goods thus sold and set apart for the respective purchasers were then either loaded upon defendant’s delivery wagon and delivered by the driver of said wagon to the purchaser in the usual course of business, or were shipped by rail to the purchaser.</p> <p>Held, that defendant was not indictable in Montgomery county for selling liquor without a license.</p> <p>Sale of chattels — When title passes.</p> <p>As between vendor and vendee, the passing of the title upon a sale of chattels depends upon the intention of the parties, to be derived from the contract and its circumstances. Actual delivery, weighing and setting aside are only circumstances from which the intention may be inferred.</p> <p>The cases in which a sale has been held to be incomplete for want of a delivery to the vendee, are all cases in which the rights of creditors were considered. There is no ease which holds that the sale is not complete between the