The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-04-26
Decision
Quite import rtant
As the Sale OF Whiskey and Rcoeiv.
ing the Same BY q. o. d.
! Plan.

Il
II a person to whom is consigned
g. o. D. whislSey carried by express
agrees, before he receives 1t, tkatrif
another will pay part of 1t. prspor-
tionate to his money, and receives
from that person money, and wiah It
and his own money, pays for the
liquor and receives it from the .ex.
press agent and then each takes aRd
uses separate bottles OF the whiskey
in the presence of each other in the-
express Office, the person to whom
the liqaor is consigned is rot ss1ity
of selling without license. .-Juage
Branon OF the supreme court Of ap-.
peals.
The above is the first section OF
the syllabus written to an opiaion
handed down in the supreme ssurt
of appeals this week by Judge Bran
non, reversing the judgment OF che
lower csurt, finding the deSenaant
not guilty aRd discharging the th-
=
dictmet, in the case of the state
VS.. Mareen johnson, going som
Lincoln county.
In the circuit court Of Rincoln
county, 1fareen johnson was convict
ed upon an Indictment for selsing
liquors and was fed s25 and sent
enced to jail for two months. He
took the case to the supreme
court of appeals upon a writ Of err
ror.
1t seems that two quart bottles OF
whiskey were consigned to johnson
by whiskey merchant named Stone
in Cincinnati. Johnson's home Il. at
West Hamlin. in Lincoln county and
1t was there by Adams express that
the whiskey was shipped without
Johnson's knowledge. On its ar
rival Johnson was notified by the
agent that 1t was to be delivered to
him on payment of two dollars the
sum being the price of the whiskey
and the express charges from. SIN
cinnati. johnson not having the
money to pay the charges went 10 a
fellow named Adkins and another
named MidlSIff and told them they
should have a proportiouatesamount
of the whiskeg Il they would ossfib-
ute toward the payment 6f the
charges. Each paid Johnson. Rtty
cents. and the three went. IA, lehe
station. and the agent after i6lsason
had rsceipted for the same, deKrer-
ed it to JehnsoH. ThereapSn, afser
Johnson had paid the agentrsand
opened the box containing the
whlskey, SlidkhR toek one. hottie and
johnson the other. The w6oSe tyans-
action ocsarred in the depot ats West
Hamlin where the ofase Of me ex-
press company was kept. For Joiu-
son it was contended that the three
men were the Joint purchasers Of the
whtskey from Stone, the Cincinnati
agent. and that johnson was not 4
seller Of whiskey to Adkins and Mid
kin.
The opinion discussing the facts
and the contention Of johnson. says:
we think this Is a true propo-
sition. Stone by sending the liqucr
to Johnson made only a proposal of
sale. Before it was consummated b.
payment of the money and delivery
q the liquor. johnson agreed with
MidlSin and Adkins that they should
become joint purchasers with him
Title to the liquor had not yet vest.
ed in Johnson. He was yet, when the
agreement was made between the
three, in possession. While the
sale was yet unconsummated, under
this agreement the three went to-
gether 10 the express ohice, and We
may say that delivery was made 10
the three and that they took joint
possession and ownership. True,
Stone did not know Aiidkin or Ad.
kins. nor dfd he know johnson. I5s
only made a proposition to johnson