American Express Co. v. Miller

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtSMITH, C. J.
Citation104 Miss. 247,61 So. 306
PartiesAMERICAN EXPRESS CO. v. GEORGE P. MILLER et al
Decision Date17 March 1913

61 So. 306

104 Miss. 247

AMERICAN EXPRESS CO.
v.
GEORGE P. MILLER et al

Supreme Court of Mississippi

March 17, 1913


March, 1913

APPEAL from the chancery court of Warren county.

Suit by George P. Miller and others against the American Express Company to obtain a mandatory injunction, requiring it to receive and transport intoxicating liquors. From an order granting the writ, defendant appeals.

Section 1771 of the Code of 1906, referred to in the opinion, provides: "If any person shall act as agent or assistant of either the seller or purchaser, in effecting the sale of liquor, bitters or drink, the sale of which without license is unlawful under the provisions of this chapter, in any county, district, territory, or municipality in which the Sale of such liquor, bitters or drinks are prohibited by law, he shall be guilty of a misdemeanor, and on conviction, shall be punished," etc.

Affirmed.

Chas. N. Burch, H. D. Minor and Mayes & Mayes, attorneys for appellant.

Henry & Canizaro and Catchings & Catchings, attorneys for appellee.

No brief of counsel on either side found in the record.

Argued orally by C. N. Burch, for appellant.

OPINION [61 So. 307]

[104 Miss. 248] SMITH, C. J.

Appellees are engaged in the lawful sale of intoxicating liquor at various points in Louisiana, near the city of Vicksburg, Miss. They have numerous customers in Mississippi, from whom they receive, by mail, letters ordering liquor and containing money, drafts, etc., to cover the price thereof. Upon receipt of these orders, appellees prepare the liquor for shipment, and deliver the packages containing it, addressed to the customers at their residences in Mississippi, to various boats plying between [104 Miss. 249] the places at which they are engaged in business and the city of Vicksburg. Some of these boats are common carriers, and others seem to handle the business of appellees, or some of them, only, and it may be that appellees, or some of them, have an interest therein. When the packages containing this liquor are delivered to these boats, the owner or master thereof issues a bill of lading therefor, showing their ultimate destination, after he has been paid by the shipper a sum of money sufficient to pay for their transportation by the boat across the river to Vicksburg, the drayage from the wharf at Vicksburg to the office of appellant, and to prepay appellant's charges from Vicksburg to the point of destination in Mississippi....

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3 practice notes
  • Stone v. Dunn Bros., Inc., No. 39731
    • United States
    • United States State Supreme Court of Mississippi
    • June 13, 1955
    ...468, 86 N.E.2d 693, 10 A.L.R.2d 642, from the Supreme Court of Indiana, is directly in point. The case of American Express Co. v. Miller, 104 Miss. 247, 61 So. 306, 45 L.R.A.,N.S., 120, is not in point. In that case, the packages were delivered by the liquor dealers in Louisiana to the boat......
  • State v. Western Transp. Co., No. 47616
    • United States
    • United States State Supreme Court of Iowa
    • August 1, 1950
    ...Co., 201 Mass. 564, 88 N.E. 420, 131 Am.St.Rep. 416; Commonwealth v. Scott, 141 Ky. 702, 133 S.W. 766; American Express Co. v. Miller, 104 Miss. 247, 61 So. 306, 45 L.R.A., N.S., Reversed. All Justices concur. ...
  • Illinois Cent. R. Co. v. N. T. Wax Grocery Co., No. 37381
    • United States
    • United States State Supreme Court of Mississippi
    • March 27, 1950
    ...it is, for our present inquiry, not material that he thought he had paid in advance for this service. American Express Company v. Miller, 104 Miss. 247, 61 So. 306, 45 L.R.A.,N.S., 120; Pennsylvania R. Co. v. Clark Brothers Coal Mining Co., 238 U.S. 456, 35 S.Ct. 896, 59 L.Ed. 1406; Baltimo......
3 cases
  • Stone v. Dunn Bros., Inc., No. 39731
    • United States
    • United States State Supreme Court of Mississippi
    • June 13, 1955
    ...468, 86 N.E.2d 693, 10 A.L.R.2d 642, from the Supreme Court of Indiana, is directly in point. The case of American Express Co. v. Miller, 104 Miss. 247, 61 So. 306, 45 L.R.A.,N.S., 120, is not in point. In that case, the packages were delivered by the liquor dealers in Louisiana to the boat......
  • State v. Western Transp. Co., No. 47616
    • United States
    • United States State Supreme Court of Iowa
    • August 1, 1950
    ...Co., 201 Mass. 564, 88 N.E. 420, 131 Am.St.Rep. 416; Commonwealth v. Scott, 141 Ky. 702, 133 S.W. 766; American Express Co. v. Miller, 104 Miss. 247, 61 So. 306, 45 L.R.A., N.S., Reversed. All Justices concur. ...
  • Illinois Cent. R. Co. v. N. T. Wax Grocery Co., No. 37381
    • United States
    • United States State Supreme Court of Mississippi
    • March 27, 1950
    ...it is, for our present inquiry, not material that he thought he had paid in advance for this service. American Express Company v. Miller, 104 Miss. 247, 61 So. 306, 45 L.R.A.,N.S., 120; Pennsylvania R. Co. v. Clark Brothers Coal Mining Co., 238 U.S. 456, 35 S.Ct. 896, 59 L.Ed. 1406; Baltimo......

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