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DANCIGER V. COOLEY, 248 U. S. 319 (1919)

U.S. Supreme Court

Danciger v. Cooley, 248 U.S. 319 (1919)

Danciger v. Cooley

No. 37

Submitted November 14, 1918

Decided January 7, 1919

248 U.S. 319


Section 239 of the Criminal Code made it an offense for "any railroad company, express company, or other common carrier, or any other person . . . in connection with the transportation" of intoxicating liquor from one state into another, to collect the purchase price, or any part thereof, before, on, or after delivery from the consignee or from any other person or in any manner to act as the agent of the buyer or seller of any such liquor for the purpose of buying or selling or completing the sale thereof, save only in the actual transportation and delivery.


(1) In view of the conditions giving rise to the act and the report of the Senate Committee, that the practice of collecting the price at destination, as a condition to delivery was the evil aimed at. P. 248 U. S. 327.

(2) That such collections, when made by an agent of the seller, constituted the offense no less than when made by a common carrier or its agent. Id.

The rule that, where particular words of description are followed by general terms, the latter will be regarded as applicable only to persons or things of a like class, is never applied when to do so will give to a statute an operation different from that intended by the body enacting it. P. 248 U. S. 326.

Transportation is not completed until the shipment arrives at destination and is there delivered. P. 248 U. S. 327.

Whether, in a state court, a principal may recover from an agent money collected by the latter in carrying out an arrangement between them which involved a violation of Criminal Code § 239 held a matter of local law not rexaminable by this Court. P. 248 U. S. 328.

98 Kan. 38, 484, affirmed.

The case is stated in the opinion.

Page 248 U. S. 321

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