Legal Opinion

Taylor v. Carroll

Massachusetts Supreme Judicial Court

Decided October 19, 1887PublishedCited by 1 opinion

Tort, to recover the penalty provided by the Pub. Sts. c. 100, § 25,* for selling intoxicating liquors to Isaac N. Taylor, the father of the plaintiff.

Read the full summary

Tort, to recover the penalty provided by the Pub. Sts. c. 100, § 25,* for selling intoxicating liquors to Isaac N. Taylor, the father of the plaintiff. At the trial in the Superior Court, before Knowlton, J., without a jury, the evidence tended to show that the father of the plaintiff had the habit of drinking intoxicating liquors to excess; and that on or about June 2, 1886, the plaintiff gave the defendant a notice in writing, as follows: “I forbid you selling or delivering liquor to I. N. Taylor,” and signed “ I. N. Taylor, Jr.” It appeared in evidence that the plaintiff was more than…

1Opinion of the CourtMortoe, C. J.

We are of opinion that the notice in this case was a sufficient compliance with the statute. The meaning of the notice is clear. It is a notice by a son to the defendant, requesting him not to sell'intoxicating liquor to his father. The signature imports that the signer is the son of the I. N. Taylor named in the body of the notice. The defendant, upon receiving the notice, would naturally understand its meaning and purpose, and it is found that he did in fact so understand it. If he sold intoxicating liquor to the father after receiving the notice, he did so at his peril. Kennedy v.…

2Cases cited2 opinions

  1. Kennedy v. SaundersMassachusetts Supreme Judicial Court · 1886
  2. Tate v. DonovanMassachusetts Supreme Judicial Court · 1887

3Cited by1 opinion

  1. Sackett v. RuderMassachusetts Supreme Judicial Court · 1890

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

Powered by the Exa API