Commonwealth v. Emerson
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the City of Boston, for a violation of the provisions of St. 1884, c. 277, entitled “ An Act to prevent the sale or exchange of property under the inducement that a gift or prize is to be part of the transaction,” the first section of which statute is as follows: “ No person shall sell, exchange, or dispose of any property, or offer or attempt to do so upon any representation, advertisement, notice, or inducement that anything other than…
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Complaint to the Municipal Court of the City of Boston, for a violation of the provisions of St. 1884, c. 277, entitled “ An Act to prevent the sale or exchange of property under the inducement that a gift or prize is to be part of the transaction,” the first section of which statute is as follows: “ No person shall sell, exchange, or dispose of any property, or offer or attempt to do so upon any representation, advertisement, notice, or inducement that anything other than what is specifically stated to be the subject of the sale or exchange is or is to be delivered or received, or in any way…
1Opinion of the CourtHolmes, J.
This is a complaint for a penalty, under St. 1884, c. 277. The evidence was that the defendant, a retail dealer in tobacco, displayed in his shop window a large number of photographs of distinguished or notorious men and women, with an advertisement that each purchaser of a piece of a certain tobacco was entitled to one of these photographs. Upon each piece of tobacco was a label to the like effect, and the defendant told a witness that every purchaser was entitled to a photograph and to make his own selection. The witness testified that he bought a piece of tobacco and chose a photograph,…
2Cited by17 opinions
- Sperry & Hutchinson Co. v. Director of the Division on the Necessaries of LifeMassachusetts Supreme Judicial Court · 1940
- Winston v. Beeson.Supreme Court of North Carolina · 1904
- O'Keeffe v. City of SomervilleMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. SissonMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. PlissnerMassachusetts Supreme Judicial Court · 1936
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