Legal Opinion

Kilburn v. Coe

New York Supreme Court

Decided September 15, 1874PublishedCited by 3 opinions

The plaintiffs, as administrators of the estate of Ira Bent¡ly, deceased, bring this action against the defendant, for the recovery of demands arising under the excise laws.

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The plaintiffs, as administrators of the estate of Ira Bent¡ly, deceased, bring this action against the defendant, for the recovery of demands arising under the excise laws. The plaintiffs allege, in their complaint, that the intestate was, for a number of years previous to his death,, an habitual drunkard, and that during that time, the defendant, who had a license to sell by the quantity, sold to the intestate large quantities of strong and spirituous liquors, to be drank by him; and that by reason thereof he was greatly damaged by destroying his own property, while in that condition, and…

1Opinion of the CourtDaniels, J.

The plaintiffs bring this action, as administrators of the estate of Ira Ben tly, for the recovery of demands alleged to arise under the excise laws of the state. It appears by the complaint that the intestate was an habitual drunkard, and that the defendant, knowing that to be the fact, from the year 1864 until the time of his decease, in 1871, sold and delivered to him in the town of Cherry Creek, strong and spirituous liquors, to be drank by him, and which were drank by him, and which disabled him from following his ordinary pursuit and occupation, by means of which lie lost his property,…

2Cited by3 opinions

  1. McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
  2. Westbrook v. MillerAppellate Division of the Supreme Court of the State of New York · 1904
  3. Reilly v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901

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