34 Iowa 325 | Iowa | 1872
The first bill was purchased through one E. B. Burrows. It was made an important question upon the trial below, and is so considered by counsel here, whether Burrows was the agent of plaintiffs or of defendant in effecting the sale. So far as the sufficiency of the evidence to support the verdict is concerned, in the view which we take of the case, this question is immaterial. There is evidence tending to establish the fact that one of the plaintiffs was in Iowa before .any of these sales to defendant, and that he had knowledge of the existence of the law of this State for the suppression of intemperance. There is no conflict
Eor, although there is no conflict in the evidence, that Burrows, at the time of procuring the first bill, informed plaintiffs that defendant was a grocery keeper, and that he wanted the liquor to sell for medical purposes, yet there is a conflict in the testimony as to whether, at that time, plaintiffs knew of the existence of the Iowa prohibitory law, and that a sale of liquors by a grocery keeper would be unlawful.
III. Objection is made to evidence of certain conversations between defendant and an agent of plaintiffs, but it is not at all probable that, under the instructions given, the plaintiffs could have sustained any prejudice thereby.
IY. Objection is made to the refusing of certain instructions asked by plaintiffs, and the giving of others by the court. But as they refer mainly to the agency of Burrows, and we hold that the question of his agency was not properly submitted to the jury, these instructions do not need separate notice.
Beversed.