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· 7/17/1919

Commonwealth v. Jacobson

Citations

  • 72 Pa. Super. 38
  • 1919 Pa. Super. LEXIS 241

Syllabus

<p>Liquor law — Belling liquor without a license — Bale by agent — • Wholesale liquor dealer.</p> <p>An agreement to sell intoxicating liquor and to deliver it at the residence of the purchaser, without qualification, and a subsequent delivery of it at such residence, is a sale at that place, and unless the seller has a license to do so, is a violation of the law.</p> <p>Where an agent of a wholesale liquor dealer goes into a county in which his employer has no right to sell liquor, and there makes a contract to deliver the goods in the place where the order is taken, and the order is accepted by the principal, and executed according to its terms by delivery in the prohibited place, both the principal and his agent are guilty of selling liquor without a license.</p> <p>Liquor laws — Bale without license — Interstate commerce — Webb-Kenyon Act.</p> <p>Where a wholesale liquor dealer in another state through his agents makes contracts for and delivers liquor in a county in Pennsylvania in which his license does not extend, such sale is not protected as interstate commerce since the passage of the Act of Congress of March 1, 1913, e. 90, 37 statutes 699, entitled “an Act divesting intoxicating liquors of their interstate character in certain case3.”</p>

Judges: Henderson, Kephart, Orlady, Porter, Trexler, Williams

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