The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-04-22
JUDD, CD, FREAR AND WHITING, JJ.

district matter of law
finding Lahaina,
iered and not at Honolulu whence they
OPINION OF THE
This appeal points OF law from decision OF the
District Magistrate of Wailuku Maui finding defendant guilty
of the oense of selling spuou liquors without license at
Laana, Maui The of the relied that there
evidence of sale Lahaina The contention is that
the evidence shows a sale at Honolulu, Oahu, only.
The facts substantially follows: The defendant
agent and keeper of Lahana for H. Hackfeld
Co., Honolulu One Shimisaki clerk in the store at
Laana under the defendant and subject his orders One
Shimbo ordered tub of sak through Shmsak He did not
know where Shmsak get it. Shmaki wrote for the
sak tub of sak arrived few days later from Honolulu
vessel of the InterIsand Steam Navigation Company,
carriers and the defendant received from IT, Hack
field Co. shipping receipt the material portion OF which
reads follows: Received of H. Hackfeld Co.. IN APP
parent good order board the Noeau the following packages
unknown be delivered in like good order at
Iahana Then follow the clauses limiting the liability of the
carrier below space for the description of the
packages the words "'Shmbo Tub Sake The defendant
delivered this shipping receipt Shnsaki who acting under
defendants instructions devered to Shmbo and
from him the time the price of the sakl The money
put the cash drawer of the store Shmbo took the
receipt the wharf the ak and paid the freight thereon
No bill for the sak from Honolulu. This one
of several similar sales made in connection with the same ship
men and similar of dealing appears to have
for time According to Shimlsa on two occasions 10
receipts from II. Hackfed q Co. and the saki
delivered by the instructions from the defendant
The defendant accustomed exercise his discretion as to
the delivery of the sa the buyer Sometimes he would
the only payments other times credit
He worked salary and received commissions He kept
special book for consgnmen of liquor He had license
for the sale of spuous liquors H. Hackfeld Co had such
a license at Honolulu.
The question did the sale take place Iahana, but
there sufficient evidence support finding that the sale
took place there! In other words could the magistrate IN
passing upon the facts jury would find upon reason
able of the evidence that the sale took place lahana
Defendant contends that the setting apart appropriation of
particular tub of sak for the purchaser and the delivery
thereof the Honolulu delivery to
the purchaser and that hereupon the title property
dpOHcad passed the seller the purchaser thus
peng the sale Honolulu subject only the right OF stop
page huRsitu, and cites number of cases. which, with
other cases, be found cited in II Am. d Eng Enc of
Law, AL and p Ib. 511 the effect that of sales
of Intoxicating liquors of sales of other commodities,
"a delivery carrier directed by the purchaser,
raned by and such appropriation bnd
the vendor and make the goods the property of the vende
from the moment of such delivery. Benz Sales Benefits
notes. 12 But this Is merely rule of construction adopted
for the purpose of ascertanng the real intention OF the par
ties and however definite and complete may be the deter
mnaon of election the part of the vendor when the
tract has left him the choice of appropriations the property will
pass if his show clearly his purpose retain the
ship Notwithstanding such appropriation. Ib Sec. $751; The
question is of intention. The all agree this
They differ merely what facts sufficient necessary
prove disprove particular Intention We may
that contended by the weight of authority, though there
distinguished authority the contrary delivery of goods