Nevin v. Ladue
New York Supreme Court
Error to the Putnam common pleas. Ladue and Nelson, as overseers of the poor of Phillipstown, sued Nevin before a justice of the peace in debt, to recover a penalty of ,$25 for selling-strong or spirituous liquors in a less quantity than five gallons at a time without having a license therefor, contrary to 1 R. S. 680, § 15. The declaration was in the form allowed in declaring upon penal statutes. The defendant pleaded the general issue.
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Error to the Putnam common pleas. Ladue and Nelson, as overseers of the poor of Phillipstown, sued Nevin before a justice of the peace in debt, to recover a penalty of ,$25 for selling-strong or spirituous liquors in a less quantity than five gallons at a time without having a license therefor, contrary to 1 R. S. 680, § 15. The declaration was in the form allowed in declaring upon penal statutes. The defendant pleaded the general issue. On the trial the defendant, as the return states, “ being charged by the plaintiffs with the sale of ale, strong beer or fermented beer, without a license…
1Opinion of the Court
By the Court, Jewett, J.
This case involves a question upon the true construction of the statute. (1 R. S. 680, § 15.) It is in these words, “ Whoever shall sell any strong or spirituous liquors, or any wines, in any quantity less than five gallons at a time, without having a license therefor, granted as herein directed, shall forfeit twenty-five dollars.” If ale or strong beer answers the description of strong or spirituous liquors, the action was well sustained. I am unable to entertain a doubt but that both come within the definition of strong or spirituous liquors. Beer is defined by…
2Cited by9 opinions
- Myers v. StateIndiana Supreme Court · 1884
- Blatz v. . RohrbachNew York Court of Appeals · 1889
- The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
- In re McDonoughDistrict Court, D. Montana · 1892
- People v. CrilleyNew York Supreme Court · 1855
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