State v. Bugbee
Supreme Court of Vermont
Information, in two counts, — one for selling spirituous liquor in quantities less than one pint, the other for keeping tavern. Plea, not guilty, and trial by jury, June Term, 1848, — Davis, J., presiding.
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Information, in two counts, — one for selling spirituous liquor in quantities less than one pint, the other for keeping tavern. Plea, not guilty, and trial by jury, June Term, 1848, — Davis, J., presiding. On trial testimony was given on the part of the prosecution tending to prove, that the respondent, on the day alleged in the information, was present at a tent kept by one Hunt, — a caravan of animals being there exhibited, — and assisted Hunt in mixing and selling various kinds of spirituous liquors to many persons, who called for them and drank them and paid the respondent therefor, and…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Two questions are raised in this case. It is claimed, that if the respondent, in making the sale, acted gratuitously, as the mere servant of Hunt, he would not be personally liable to indictment, though Hunt had no license. But we think this is not sound. If the respondent justify the act of selling under Hunt, as his principal, he must show an authority in his principal to sell. The agent, who does the act, can stand in no better situation than his principal.' He justifies under him ; and if the principal had no authority to sell, the agent…
2Cited by16 opinions
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