Lynch v. State
Supreme Court of Alabama
Appeal from Bessemer Gity Court. Heard before Hon. William Jackson. ..The defendant was convicted of retailing without a license. Trial was had on the following agreed statements of facts: That one D. B. Wilkins and Will Lynch, the defendant in the case, paid for and procured a license, both state and county, to carry on business as retail liquor dealers in the city of Bessemer, Jefferson county, Ala.
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Appeal from Bessemer Gity Court. Heard before Hon. William Jackson. ..The defendant was convicted of retailing without a license. Trial was had on the following agreed statements of facts: That one D. B. Wilkins and Will Lynch, the defendant in the case, paid for and procured a license, both state and county, to carry on business as retail liquor dealers in the city of Bessemer, Jefferson county, Ala. That the said D. B. Wilkins and Will Lynch were understood to be, and were, partners in said business, and that they did business under the firm name of Wilkins & Lynch. That the license that…
1Opinion of the CourtAnderson, J.
Although it is in general permissible to grant a license to two persons jointly, yet a license granted to one person, who forms a.' partnership with an unlicensed person, does not authorize the latter to make sales. — Shaw v. State, 56 Ind. 188. And Avhen the firm already exists, a license to one partner individually will confer no authority on his partner or the firm. “A license to retail affords protect} m only for those acts Avlfich, by laAV, are merely acts of an individual. If it is granted to a partnership, it affords protection onty for those acts Avhicli, in laAV, are the acts of the…
2Cases cited6 opinions
- Wharton v. KingSupreme Court of Alabama · 1881
- St. Charles v. HackmanSupreme Court of Missouri · 1896
- Hill v. ThixtonCourt of Appeals of Kentucky · 1893
- Long v. StateSupreme Court of Alabama · 1855
- Shaw v. StateIndiana Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bassett v. PowellSupreme Court of Alabama · 1912
- Soursos v. City of Mason CitySupreme Court of Iowa · 1941
- Garrett-Williams Co. v. WatkinsSupreme Court of Vermont · 1911