Bellinger v. Birge
New York Supreme Court
Appeal from circuit court, Oneida county. Action in the name of John W. Bellinger, overseer of the poor of the town of Kirkland, against J. Allen Birge, for penalty for selling intoxicating liquor without license. Laws 3ST. Y. 1857, c. 628, § 13, provides a penalty of $50 for sales of spirituous liquors in quantities less than five gallons, without a license.
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Appeal from circuit court, Oneida county. Action in the name of John W. Bellinger, overseer of the poor of the town of Kirkland, against J. Allen Birge, for penalty for selling intoxicating liquor without license. Laws 3ST. Y. 1857, c. 628, § 13, provides a penalty of $50 for sales of spirituous liquors in quantities less than five gallons, without a license. Section 22 provides that the action for such penalty shall be brought in the name of the overseers of the poor of the town in which it is incurred. Section 30 provides that on their failure to bring the action within 10 days-after…
1Opinion of the CourtMartin, J.
This was an action to recover several penalties for selling strong or spirituous liquors in quantities less than five gallons at a time, without having a license therefor. The action was based on the provisions of section 13, c. 628, Laws 1857. It was brought in the name of John W. Bellinger, as overseer of the poor of the town of Kirkland, by A. G. Hopkins and I. 0. Best, in pursuance of the provisions of section 30 of said act, as amended by chapter 820, Laws 1873. On the trial the defendant offered in evidence a release under the hand and seal of said Bellinger, dated October 12, 1888,…
2Cases cited3 opinions
- Manchester and Hull v. . HerringtonNew York Court of Appeals · 1854
- Board of Excise of Ont. Co. v. . GarlinghouseNew York Court of Appeals · 1871
- Bellinger v. BirgeNew York Supreme Court · 1889
3Cited by1 opinion
- Olp v. LeddickNew York Supreme Court · 1891