Hall v. . Germain
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 17, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 17, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to enforce a liability under the Civil Damage Act (Chap. 646, Laws of 1873). It was brought by jhaintiff to recover damages for the death of her husband, alleged to have been caused by his own intoxication, which was produced by liquor sold to him by defendant McGovern on premises he leased from defendant Edward B. Germain as agent and manager of the owner, defendant…
1Opinion of the CourtAndrews, J.
We concur in the opinion of Judge Dwight at the General Term, that knowledge by the agent, Edward B. Germain, at the time he leased the premises for a saloon, that intoxicating liquors were to be sold therein, and their subsequent use for that purpose, is imputable to his principal. The words of the statute “ and having knowledge that intoxicating liquors are to be sold therein,” were inserted to prevent an interpretation which would subject the landlord to liability when intoxicating liquors should in fact be sold on the leased premises, although they were not let for that purpose, and the…
2Cited by4 opinions
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