Tiffany v. Driggs
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The plaintiff in error; who was, also, plaintiff in the court below, declared, in debt,, as well for himself as for- the overseers of the poor of the town of Rome, against' the defendant, for Selling, on the 1st of January, 1814, one gill of gin, to foe drank in the store of the defendant, without having entered into such recognisance as is required by the act to lay a duty on strong liquors, and for regulating inns and taverns ;…
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IN ERROR, on certiorari to a justice’s court. The plaintiff in error; who was, also, plaintiff in the court below, declared, in debt,, as well for himself as for- the overseers of the poor of the town of Rome, against' the defendant, for Selling, on the 1st of January, 1814, one gill of gin, to foe drank in the store of the defendant, without having entered into such recognisance as is required by the act to lay a duty on strong liquors, and for regulating inns and taverns ; and for selling like small quantities of liquors to .the plaintiff and others, on each day in that month ; and for…
1Opinion of the CourtYates, J.
This court have decided that the act to lay a duty on strong liquors, and for regulating inns and taverns, inflicts but one penalty'for the offence of selling liquors without a license, and that the amount of such penalty only can be recovered in. one action, Washburn v. M‘Inroy, (7 Johns. Rep. 134,). The eighteenth section of the same act (1 R. L. 181.) ordaiils, that whenever any suit shall be commenced, and a recovery had; for a penalty incurred by selling strong or spirituous liquors, without license, such recove-, ry shall be a bar to all prosecutions for offences of the like natuft,…
2Cited by3 opinions
- In Re SnowSupreme Court of the United States · 1887
- Kee v. McSweeneyNew York Supreme Court · 1883
- Prussia v. GuentherNew York Supreme Court · 1885