Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint, for a warrant to search for intoxicating liquors, alleged to be kept in a building in New Bedford occupied by Edward E. Wright as a drug store, and intended for sale by him in this Commonwealth contrary to law. The Wright Drug Company appeared, and claimed the liquors seized as its own.
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Complaint, for a warrant to search for intoxicating liquors, alleged to be kept in a building in New Bedford occupied by Edward E. Wright as a drug store, and intended for sale by him in this Commonwealth contrary to law. The Wright Drug Company appeared, and claimed the liquors seized as its own. Trial in the Superior Court, before Aldrich, J., who, having directed the jury to find that the liquors were illegally kept by Wright as set forth in the complaint, rendered judgment that the liquors and vessels containing them be forfeited to the Commonwealth, and, at the request of the claimant,…
1Opinion of the CourtHolmes, J.
The liquors in question were owned by the claimant, the Wright Drug Company, a corporation. They were kept in a store which belonged to the corporation, and which, as we understand the report, was occupied by it for its business. They were intended by the directors to be sold lawfully by Wright, the treasurer of the corporation and salaried manager of the store under a license of the sixth class held by him. Wright was selling and intending to sell them unlawfully, but this was without the knowledge or consent of the directors'. The question is whether the facts recited prevent a forfeiture…
2Cases cited4 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. BradyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. MerriamMassachusetts Supreme Judicial Court · 1889
3Cited by4 opinions
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- E. J. Fitzwilliam Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- United States v. 1364.76875 Wine GallonsDistrict Court, E.D. Missouri · 1945
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900