The Bd. of Commr's of Excise of Tompkins Cty. v. . Taylor
New York Court of Appeals
Appeal from the Supreme Court. Submission without action, under section 372 of the Code of Procedure. The stipulation containing the facts agreed upon states that “ the defendants on the 3d day of October, 1850, at their store in Ithaca, without having a license to sell any strong or spirituous liquors or wines, sold strong beer in a quantity less than five gallons, to wit: a glass of strong beer to one J. B. Smith, to be drank.in their stóre or shop, and which was drank in…
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Appeal from the Supreme Court. Submission without action, under section 372 of the Code of Procedure. The stipulation containing the facts agreed upon states that “ the defendants on the 3d day of October, 1850, at their store in Ithaca, without having a license to sell any strong or spirituous liquors or wines, sold strong beer in a quantity less than five gallons, to wit: a glass of strong beer to one J. B. Smith, to be drank.in their stóre or shop, and which was drank in their said store.” The defendants claimed that they had a right to sell such glass of strong beer, without a license.…
1Opinion of the CourtWelles, J.
The law upon which the judgment in the court below was founded, is the 13th section of the act entitled “ an act to suppress intemperance and to regulate the sale of intoxicating liquors,” passed April 16th, 1857. (Laws, vol. 2, 405.) That section is in the following words: “Whoever shall sell any strong or spirituous liquors or wines, in quantities less than five gallons at a time, without having a license therefor, granted as herein provided, shall forfeit fifty dollars for each offénoe.” The only question to be decided is, whether strong beer is embraced in the terms strong or spirituous…
2Cases cited2 opinions
- Nevin v. LadueCourt for the Trial of Impeachments and Correction of Errors · 1846
- Nevin v. LadueNew York Supreme Court · 1846
3Cited by19 opinions
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Briffitt v. StateWisconsin Supreme Court · 1883
- Myers v. StateIndiana Supreme Court · 1884
- Blatz v. . RohrbachNew York Court of Appeals · 1889
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