Washburn v. M'Inroy
New York Supreme Court
THIS was an action of debt, tried at the Washington^ circuit, June, 1810, before Mr. Justice Van Ness. The declaration contained sixteen counts, for retailing strong and spirituous liquors, to be drank in the house of the defendant; not having any permit, or license, to retail strong and spirituous liquors, for the purpose of keeping an inn, or tavern, contrary to the provisions of the act entitled “ an act to lay a duty on strong liquors, and for regulating inns and…
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THIS was an action of debt, tried at the Washington^ circuit, June, 1810, before Mr. Justice Van Ness. The declaration contained sixteen counts, for retailing strong and spirituous liquors, to be drank in the house of the defendant; not having any permit, or license, to retail strong and spirituous liquors, for the purpose of keeping an inn, or tavern, contrary to the provisions of the act entitled “ an act to lay a duty on strong liquors, and for regulating inns and taverns.” (24 sess. c. 164.) The offences were charged to have been committed on the 4th July, 1809, and from day to day,…
1Per curiam
The only points worthy of consideration are, whether the act inflicts more than one .penalty for the offence of selling liquors without a license; and, if it does, whether there can be more than one penalty recovered in one action.
The nh section ordains, if any person shall sell strong or spirituous liquors, by retail, without having such license, or, if any person shall sell, See. to be drank in his house, &c. without having entered into such recognisance, every person who shall be guilty of either of the offences aforesaid, shall, far each offence, forfeit 25 dollars. Adopting the principle…
2Cited by7 opinions
- In Re SnowSupreme Court of the United States · 1887
- State v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Porter v. Dawson Bridge Co.Supreme Court of Pennsylvania · 1893
- Haskins v. DunhamNew York Supreme Court · 1808
- Hutchinson v. PhillipsSupreme Court of Arkansas · 1850
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