Legal Opinion

State ex rel. Young v. Minnesota Club

Supreme Court of Minnesota

Decided January 22, 1909No. Nos. 15,690—(21)PublishedCited by 12 opinions

Prior to 1907 defendant club was never required to take out a license to sell liquor. At that time the public authorities notified it to do so. The question whether it was required to do so was thereupon submitted to the district court for Ramsey county on an agreed statement of facts. The court, Kelly, J., decided in favor of defendant, and from the judgment entered, plaintiff appealed. The transaction was a sale.

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Prior to 1907 defendant club was never required to take out a license to sell liquor. At that time the public authorities notified it to do so. The question whether it was required to do so was thereupon submitted to the district court for Ramsey county on an agreed statement of facts. The court, Kelly, J., decided in favor of defendant, and from the judgment entered, plaintiff appealed. The transaction was a sale. State v. Lockyear, 95 N. C. 633; People v. Law, 203 111. 127; State v. Essex Club, 53 N. J. L. 99. The learned district judge indicated that he based his decision on the ground…

1Opinion of the Court

LEWIS, ,T.

Does the serving of liquors to its members by the Minnesota Club, of St. Paul, subject the club to the necessity of obtaining a license, pursuant to the provisions of chapter 16, R. L. 1905 ? The cause was argued upon the following agreed statement of facts:

“The Minnesota Club is a corporation organized solely for social purposes, and not for pecuniary profit, under the statutes of the state applicable to such organizations. It was created and has existed ever since 1884. It maintains a club house building, which it owns. The articles of incorporation, constitution and by-laws of…

2Cases cited25 opinions

  1. Klein v. Livingston ClubSupreme Court of Pennsylvania · 1896
  2. Martin v. StateSupreme Court of Alabama · 1877
  3. Beauvoir Club v. StateSupreme Court of Alabama · 1907
  4. Commonwealth v. PomphretMassachusetts Supreme Judicial Court · 1884
  5. People v. SouleMichigan Supreme Court · 1889

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3Cited by12 opinions

  1. State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
  2. County of Ada v. Boise Commercial ClubIdaho Supreme Court · 1911
  3. Deal v. StateCourt of Appeals of Georgia · 1914
  4. State v. Country ClubCourt of Appeals of Texas · 1914
  5. State Ex Rel. Benevolent & Protective Order of Elks, Lodge No. 1529 v. LivingstonSupreme Court of Florida · 1947

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