French v. People
New York Supreme Court
The defendants were jointly indicted, at the October term of the Suffolk circuit, 1854, for a violation of the fifteenth and sixteenth sections of the statute entitled “ Of excise, and the regulation of tavern and groceries.” The indictment was remitted for trial to the Court of Sessions of Suffolk county.
1Opinion of the Court
By the Court, S. B. Strong, J.
The defendant Conklin set up, as a separate defence, that he was a clerk in the store of French, and not a partner, and that he acted simply as *124such clerk and by direction of Ms principal in the delivery of the articles sold. This is very general, and cannot be considered as an allegation that Conklin sold the liquor in Ms capacity as clerk, and by the direction of Ms principal. If, however, that may be fairly implied from what is alleged, it does not constitute a valid defence. Nothing is said indicating compulsion; and he who willingly follows the direction of…
2Cited by4 opinions
- People ex rel. Hirschberg v. CloseNew York Court of Appeals · 1956
- People v. SteigerNew York Court of General Session of the Peace · 1935
- People ex rel. Mleczko v. McCloskeyNew York Supreme Court · 1962
- Morse v. DavisU.S. Circuit Court for the District of Northern New York · 1862