Cullinan v. Paxson
Appellate Division of the Supreme Court of the State of New York
The plaintiff failed to prove a cause of action, and the court erred in refusing to grant defendant’s motion for a dismissal of the action made at the close of the case, and in directing a verdict for the plaintiff.
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The plaintiff failed to prove a cause of action, and the court erred in refusing to grant defendant’s motion for a dismissal of the action made at the close of the case, and in directing a verdict for the plaintiff. Defendant’s employee in the absence of defendant, and against instructions, sold Duffy’s Malt Whiskey, it was incumbent upon the plaintiff to show that the sale was made either by the principal, personally, or with, his knowledge and consent, and if made by an employee, that it was within the scope of his authority. There could be no agency in perpetration of an unlawful act, and…
1Opinion of the Court
Plaintiff’s special agents entered the defendant’s drug store, and asked a clerk in charge there for a bottle of “ Duffy’s Malt Whiskey.” This was analyzed by Joseph Deghuee, chief chemist of the health department of New York city, Dr. Charles A. Grampton, chief chemist of the Internal Revenue Bureau, Treasury Department at Washington, and Edward W. Wheeler, chemist for the New York State Agricultural Department, at Albany.
Dr. Deghuee’s certificate of analysis is as follows:
“ The sample of whiskey marked ‘ Duffy’s Malt Whiskey ’ No. 15,049 submitted to me for examination contains:
“Alcohol by…
2Cases cited8 opinions
- Schlicht v. StateIndiana Supreme Court · 1877
- Eagan v. StateIndiana Supreme Court · 1876
- Cullinan v. BurkardAppellate Division of the Supreme Court of the State of New York · 1904
- Commonwealth v. CurranMassachusetts Supreme Judicial Court · 1875
- Russell v. SloanSupreme Court of Vermont · 1861
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