Legal Opinion

State v. Gilmore

Supreme Court of Vermont

Decided January 24, 1908PublishedCited by 16 opinions

Information for selling and furnishing intoxicating liquor without authority. Heard on an agreed statement of the facts, at the March Term, 1907, Franklin County, Haselton, J., presiding. Judgment, guilty. The respondent excepted. The opinion fully states the case. A master is not liable for the criminal acts of his servant, unless done with the master’s knowledge or by his instructions. 1 Bish. New Or.

Read the full summary

Information for selling and furnishing intoxicating liquor without authority. Heard on an agreed statement of the facts, at the March Term, 1907, Franklin County, Haselton, J., presiding. Judgment, guilty. The respondent excepted. The opinion fully states the case. A master is not liable for the criminal acts of his servant, unless done with the master’s knowledge or by his instructions. 1 Bish. New Or. Law, §218. “But if the sale of liquor is made by the servant without the knowledge of the master and really in opposition to his will, and in no way participated in, approved or countenanced…

1Opinion of the CourtTyler, J.

Information for selling intoxicating liquor without'authority. Section 20, Act No. 115, passed in 1904, reads: “No person shall furnish, sell, expose or keep for sale any intoxicating liquor except as authorized by this act; * * * ” Condition five of section 23 is:

*516“That no liquor shall be sold or furnished to a minor for his own úse or the use of any other person, nor to an habitual drunkard; * * *

V The case comes to this Court upon an agreed statement of facts signed by the state’s attorney and the respondent. The material facts are that the respondent on Dec. 24, 1906, was the holder of a…

2Cases cited18 opinions

  1. State v. HartfielWisconsin Supreme Court · 1869
  2. Snider v. StateSupreme Court of Georgia · 1888
  3. Carroll v. StateCourt of Appeals of Maryland · 1885
  4. Noecker v. PeopleIllinois Supreme Court · 1878
  5. Dudley v. SautbineSupreme Court of Iowa · 1878

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
  2. State v. Burlington Drug Co.Supreme Court of Vermont · 1911
  3. In Re Desautels Real Estate, Inc.Supreme Court of Vermont · 1982
  4. McLean v. PeopleSupreme Court of Colorado · 1919
  5. State v. LundgrenSupreme Court of Minnesota · 1913

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API