Schullherr v. State

Citations

• 68 Miss. 227

Syllabus

<p>1. Liquors. Sale for use of intoxicated person. Breach of bond. Code 1880, § 1104.</p> <p>Under the statute prohibiting the sale of liquor by a licensed retailer to a person then intoxicated, such sale being a breach of his bond as retailer, a sale for the use of an intoxicated person, and to be paid for by him, will be deemed a sale to him, where the liquor is delivered to or on the order of another to whom the intoxicated person had previously authorized the retailer to furnish it on his credit.</p> <p>2. Same. Suit on liquor bond. Validity of license. Estoppel.</p> <p>In a suit upon the bond of a retail liquor dealer, both he and his sureties are estopped to deny the validity of the license issued by the municipal authorities, and under which he has done business.</p>