Sappington v. Carter

Citations

• 67 Ill. 482

Syllabus

<p>1. Spirituous liquors—accounts for sales of less than one qurn't, exceeding fifty cents, void. Where a plaintiff’s account is for spirituous liquors, sold in less quantities than one quart, the entire claim, exceeding fifty cents, is made void by statute, and a recovery on it expressly prohibited. And where a due bill is given for such liquors, sold in less quantities than one quart, no recovery can be had on the same, except as to fifty cents.</p> <p>2. Same—instruction as to sales. In such a case, an instruction that all accounts of retailers of liquors, for liquors sold by them or their agents “by the drink,” for a greater sum than fifty cents, were void, is not objectionable. The words “by the drink” would be understood as retailing in quantities not exceeding one quart.</p>