Pleasantville weekly press. (Pleasantville, N.J.) 1890-1911, 1907-08-10

right to sell Is not q violation o
the law. In other words, a person
may legally carry on wholesale
business In Atlantic City, although he
advertises fn Pleasantyiile by sample
posters, agent or even In person, II be
does not actually consummate or
attempt to consummate a sale With.
In the Borough. 1t is the place where
the actual sale Is intended to take
place or does take place that counts.
The actual sale takes place at the
point where the title passes from the
seller to the buyer, and for the pur-
pose OF making myself perfectly clear
| will illustrate the law on this sub
ject by q number OF specific cases,
always assuming that the vender
has duly granted license to sell the
quantity in question In the district of
his place Of business. located some
where outside of the Borough of
Pleasantville.
az III a contract is for specific
goods In deliverable state the prop
erty in the goods passes to the buyer
at the time and place where the con-
tract is make. Ii, therefore, vender
comes to Pleasantville and offers for
sale particular lot OF liquor, then
ascertained and set apart from stock
and any person In Pleasantville agrees
to take the same for cash or on credit,
1t is sale in PleasantvilIe and is a
violation OF the law unless the vender
las license to sell therein. On the
other hand, if the offer is made In
Atlantic City or Pleasantville and for
warded to Atlantic City, to be there
accepted by the vender, the sale takes
place in Atlantic City and is not a
violation OF the law If the vender has
a license to sell therein. In the latter
case, where the title passes In Atlantic
City the vender could in person or by
agent even deliver the liquor to the
buyer within the Borough of Pleas
antville without violating the law.
AS usual thing, no owever, one does
not make bargain or give an order
for a specific lot Of liquor which is at
the time ascertained and set apart,
but bargains or gives an order for q
certain quantity to be afterwards
taken from stock and forwarded to
him. In such case title to the goods
does not pass until the same is un-
conditionally appropriated to the
contract, which may be at any such
time after the goods are ascertained
and set apart as the parties to the
contract intended it to be transferred,
but any trick, device, subterfuge or
pretense will not be allowed to evade
the operation or defeat the policy OF
our liquor laws, and ! believe in pass
ing upon the question the courts
would apply the ordinary rules gov
erning such sales which are as fol
lows:
(2) Irrespective of how, when or
where the bargain is made or the
order received, II the vender delivers
the goods either for cash or on credit
to the buyer or his agent at the place
wherein he is licensed to sell, it is not
q sale within the Borough of Pleas
antville and is not q violation OF the
law.
(3) Irrespective OF how, when or
where the bargain is made or the
order received, II the liquor Is brought
to Pleasantville and delivered by the
vender or his employees to persons
there either for cash or on credit, 1t is
a sale within the Borough Of Pleas
antville and is a violation OF the law
"a Irrespective OF how, when or
where the bargain is made or the