Commonwealth v. Crowell
Massachusetts Supreme Judicial Court
Indictment under the St. of 1890, c. 448, alleging that the defendant was an itinerant vendor, engaged temporarily and transiently in selling and exposing for sale clothing in a building in Dennis without license or authority. Trial in the Superior Court, before Dewey, J., who refused to rule that, upon the facts, the defendant could not be convicted on the indictment.
Read the full summary
Indictment under the St. of 1890, c. 448, alleging that the defendant was an itinerant vendor, engaged temporarily and transiently in selling and exposing for sale clothing in a building in Dennis without license or authority. Trial in the Superior Court, before Dewey, J., who refused to rule that, upon the facts, the defendant could not be convicted on the indictment. The jury returned a verdict of guilty, and the judge, at the request of the defendant, reported the case and the questions of law arising thereon for the determination of this court. The report recited that the defendant was in…
1Opinion of the CourtMorton, J.
The object of the statute would seem to be to protect the public from the imposition liable to be practised upon it by itinerant vendors who are not hawkers or pedlers because hiring, leasing, or occupying a building for their business, but who sell temporarily or transiently in one place, or in travelling from place to place, goods, wares, or merchandise, and who might naturally be supposed to be free, to some extent at least, from the restraints and influences inducing fair and honest dealing which apply to persons established permanently in trade in a given locality. The statute applies to…
2Cases cited1 opinion
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- State v. ConlonSupreme Court of Connecticut · 1895
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Slome v. Chief of Police of FitchburgMassachusetts Supreme Judicial Court · 1939
- Holcombe v. CreamerMassachusetts Supreme Judicial Court · 1918
- Levy v. StateIndiana Supreme Court · 1903
14 more not listed; retrieve them via the Exa API.