Legal Opinion

Beer Co. v. Massachusetts

Supreme Court of the United States

Decided May 13, 1878No. 277PublishedCited by 405 opinions

Error to the Superior Court of the Commonwealth of Massachusetts. This was a proceeding in the Superior Court of Suffolk County, Massachusetts, for the forfeiture of certain malt liquors, belonging to the Boston Beer Company, and which had been seized as it was transporting them to its place of business in said countjr; with intent there to sell them in violation of an act of the legislature of Massachusetts, passed June 19, 1869, c. 415, commonly known as the Prohibitory…

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Error to the Superior Court of the Commonwealth of Massachusetts. This was a proceeding in the Superior Court of Suffolk County, Massachusetts, for the forfeiture of certain malt liquors, belonging to the Boston Beer Company, and which had been seized as it was transporting them to its place of business in said countjr; with intent there to sell them in violation of an act of the legislature of Massachusetts, passed June 19, 1869, c. 415, commonly known as the Prohibitory Liquor Law. The company claimed that, under its charter, granted in 1828, it had the right to manufacture and sell said…

1Opinion of the Court

'Mb. Justice Bradley

delivered the opinion of the court.

The question raised in this case is, whether the charter of the plaintiff, which was granted in 1828, contains any contract the obligation of which was impaired by the prohibitory liquor law of Massachusetts, passed in 1869, as applied to the liquor in question in this suit.

Some question is made by the defendant in error whether the point was properly raised in the State courts, so as to be the subject of decision-by the highest court of the State. It is contended that, although it was raised by plea, in the municipal court, yet, that…

2Cases cited5 opinions

  1. Brown v. MarylandSupreme Court of the United States · 1827
  2. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  3. Henderson v. Mayor of the City of New York Commissioners of Immigration v. North German LloydSupreme Court of the United States · 1876
  4. Bartemeyer v. IowaSupreme Court of the United States · 1874
  5. Boyd v. AlabamaSupreme Court of the United States · 1877

3Cited by405 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  4. Leisy v. HardinSupreme Court of the United States · 1890
  5. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898

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