Commissioners of Excise for City of New York v. Purdy
New York Supreme Court
Motions to dismiss" sixty-six different actions, with costs to be paid by plaintiffs’ attorneys, on the ground -that they were commenced without authority. These actions were brought to recover in each the penalty of $50 imposed by Laws of 1857, ch. 628, for the sale'of spirituous .liquors in quantities of less than five gallons in' contravention of that act.
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Motions to dismiss" sixty-six different actions, with costs to be paid by plaintiffs’ attorneys, on the ground -that they were commenced without authority. These actions were brought to recover in each the penalty of $50 imposed by Laws of 1857, ch. 628, for the sale'of spirituous .liquors in quantities of less than five gallons in' contravention of that act. The defendants moved in each of the actions upon affidavits' as follows: “James M. Smith, the attorney for the above-named defendant, being duly sworn, says: That he has been informed and believes, that no complaint that any of the…
1Opinion of the CourtLeonard, J.
—Motions are made in this and several other similar actions, for an order dismissing them, with costs to be paid by the plaintiffs’ attorneys, on the ground that they are commenced without any authority or lawful right so to do.
They are commenced for alleged violations of the “ Act to suppress Intemperance, and to regulate the sale of Intoxicating Liquors,” passed April 16, 1857 (2 Laws of 1857, ch. 628), to recover a penalty of $50, in each case, for the sale of spirituous liquors or wines, in quantities less than five gallons, without a license.
It is proven by affidavit, on the part of the…
2Cases cited2 opinions
- Thayer v. LewisNew York Supreme Court · 1847
- Pomroy v. SperryNew York Supreme Court · 1858
3Cited by2 opinions
- Institute of Educational Travel v. BinkerdAppellate Terms of the Supreme Court of New York · 1915
- Board of Commissioners of Excise v. PurdyNew York Supreme Court · 1862