Baker v. Richardson
New York Supreme Court
Debt, (under Stat. sess. 24, ch. 164, s. 7, 1 R. L. 178, and Sess. 43, ch. 37, s. 1,) for selling whiskey in a quantity less than five gallons, without license, brought by Baker fy Walling against Richardson, a distiller; who on being applied to at his distillery, by three persons severally, at different times, to purchase whiskey, replied, that as he had no license, he could not sell less than five gallons; which he agreed to sell to them, informing them that they might…
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Debt, (under Stat. sess. 24, ch. 164, s. 7, 1 R. L. 178, and Sess. 43, ch. 37, s. 1,) for selling whiskey in a quantity less than five gallons, without license, brought by Baker fy Walling against Richardson, a distiller; who on being applied to at his distillery, by three persons severally, at different times, to purchase whiskey, replied, that as he had no license, he could not sell less than five gallons; which he agreed to sell to them, informing them that they might take it away as they pleased. The whiskey had not been paid for, and only part taken away, in quantities of a few quarts at…
1Opinion of the Court
Curia.
The only question was, whether these transactions were fair, or intended as mere evasions of the statute. (a) Whether the verdict was such as we should have given, is not the point of inquiry. The question belonged to the jury, who have decided it in favour of the defendant, and the Court will not, in such a case, set aside the verdict.(b)
Judgment affirmed.
This is a question frequently to be decided under penal statutes1, though not so often under any other, perhaps, as under the statute of usury. Vid. the illustrations of this, in Ord on Usury, 64 to 90. How far innocence of intention…
2Cases cited1 opinion
- Comfort v. ThompsonNew York Supreme Court · 1813
3Cited by2 opinions
- Sturges v. MaitlandNew York Supreme Court · 1813
- United States v. One Hundred & Seventeen Packages of Plug TobaccoDistrict Court, S.D. New York · 1879