State v. Wentworth
Supreme Judicial Court of Maine
On motion and exceptions. Complaint to the municipal court of Biddeford, for selling one pint of intoxicating liquors to Charles T. Goodwin, November 6, 1874, alleging “that the said Horace Wentworth” had “once before been convicted of a single sale under section twenty-eight of chapter twenty-seven of the Bevised Statutes of the state of Maine, in the county of York, to wit: on the twelfth day of October, A. D. 1874, in the municipal court of the city of Biddeford.”
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On motion and exceptions. Complaint to the municipal court of Biddeford, for selling one pint of intoxicating liquors to Charles T. Goodwin, November 6, 1874, alleging “that the said Horace Wentworth” had “once before been convicted of a single sale under section twenty-eight of chapter twenty-seven of the Bevised Statutes of the state of Maine, in the county of York, to wit: on the twelfth day of October, A. D. 1874, in the municipal court of the city of Biddeford.” At the trial at nisi prius to sustain the allegation of sale the government offered evidence of sale made by one Libby, a clerk…
1Opinion of the CourtAppleton, C. J.
This was a complaint against the defendant for a single sale of spirituous liquors to one Charles T. Goodwin.
I. The sale was made in the defendant’s shop by a clerk in his employ. By B. S., c. 27, § 28, the liability of the master equally accrues whether- the sale be by him, his clerk, agent or servant. Being master he is responsible for those in his employ. A sale by a servant in the shop of his master is prima facie a sale by the master. The facts that the defendant was in possession of the shop, that he was the owner of the liquors sold and that the sale was made by -his servant furnish…
2Cases cited8 opinions
- Connors v. . the PeopleNew York Court of Appeals · 1872
- Commonwealth v. MorganMassachusetts Supreme Judicial Court · 1871
- Brandon v. . the PeopleNew York Court of Appeals · 1870
- La Beau v. . the PeopleNew York Court of Appeals · 1866
- Commonwealth v. BonnerMassachusetts Supreme Judicial Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Gendron v. BurnhamSupreme Judicial Court of Maine · 1951
- Steen v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1924
- State v. BrownSupreme Judicial Court of Maine · 1974
- State v. LangleySupreme Judicial Court of Maine · 1968
20 more not listed; retrieve them via the Exa API.