Wheeler v. Calkins
New York Supreme Court
This is an appeal by the plaintiffs from a judgment rendered in favor of the defendant by a justice of the peace of Sullivan county, and certified to this court by the county judge of that county, on account of his affinity to one of the appellants.
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This is an appeal by the plaintiffs from a judgment rendered in favor of the defendant by a justice of the peace of Sullivan county, and certified to this court by the county judge of that county, on account of his affinity to one of the appellants. The action was to recover two penalties of $50 each, for a violation of the excise law of 1857, in selling strong and spirituous liquors and wines in quantities less -than jive gallons at a time without having a license therefor, the same being alleged to have been sold not to be drank in the defendant’s inn, tavern or hotel. The defendant had a…
1Opinion of the Court
By the court—Hogeboom, Justice.
The evidence of a violation of the statute is very decided—almost irresistible. Everything was positively proved, except the defendant’s intent that the liquor sold should be drank out of his house, and as to that, the circumstances showing such intent were so strong that it is difficult to see how the jury could have come to a conclusion favorable to the defendant. Nevertheless they have done so, and the sole question is, whether, this being a penal action, and the verdict being for the defendant, the court will interfere simply upon the ground that the verdict…
2Cases cited8 opinions
- Jarvis v. HathewayNew York Supreme Court · 1808
- Rundell v. ButlerNew York Supreme Court · 1833
- Overseers of Poor v. LuntNew York Supreme Court · 1836
- Hurtin v. HopkinsNew York Supreme Court · 1812
- Mansfield v. WheelerNew York Supreme Court · 1840
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3Cited by1 opinion
- People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898