Alger v. Weston
New York Supreme Court
IN ERROR, on certiorari to a iustice’s court. The plaintiff . , , . -1TF, -1 in error brought an action against the defendant in the court ° ° below, to recover the penalty given by the 7th section of the act regulating inns and taverns (1 R. L. 178.) for selling strong and spirituous liquors, without a license.
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IN ERROR, on certiorari to a iustice’s court. The plaintiff . , , . -1TF, -1 in error brought an action against the defendant in the court ° ° below, to recover the penalty given by the 7th section of the act regulating inns and taverns (1 R. L. 178.) for selling strong and spirituous liquors, without a license. The fact of selling was proved, and the defendant offered as a justification, a license which had been granted to one Charles Caswell; This was objected to, but admitted by the justice; and it was proved, that Caswell had taken out a license, and afterwards moved out of his house, and…
1Per curiam
The verdict and judgment in this case are clearly against law, and must be reversed. The defendant could not acquire any right to retail spirituous liquors under the license to Caswell. .This license is a personal trust; the commissioners of excise, in granting it, are not only to take into consideration the place where the tavern is to be kept, but more especially the character and ability of the person who is to keep it. The commissioners are expressly prohibited, by the act, from granting the license to any person who is not of good character, and must be satisfied that the person applying…
2Cited by5 opinions
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- State v. BayneWisconsin Supreme Court · 1898
- Johnson v. DickenSupreme Court of Missouri · 1857
- Curry v. City of AuroraAppellate Court of Illinois · 1912
- New Hampshire Central Railroad v. JohnsonSuperior Court of New Hampshire · 1855