Furman v. Knapp
New York Supreme Court
IN ERROR, on certiorari, to a Justice’s Court. Furman and others, Commissioners of the Alms House and Bride-well, in the city of Mem-Yorlc, brought an action of debt against Knapp, before a Justice, for the penalty of 25 dollars, under the “ act to lay a duty on strong and spirituous liquors, and to regulate inns and taverns,” passed the 7th of April, 1801. The declaration contained two counts, for two penalties, for selling, by the defendant, at different times, a half pint…
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IN ERROR, on certiorari, to a Justice’s Court. Furman and others, Commissioners of the Alms House and Bride-well, in the city of Mem-Yorlc, brought an action of debt against Knapp, before a Justice, for the penalty of 25 dollars, under the “ act to lay a duty on strong and spirituous liquors, and to regulate inns and taverns,” passed the 7th of April, 1801. The declaration contained two counts, for two penalties, for selling, by the defendant, at different times, a half pint of spirits, at his grocery store, in the one case, to be consumed in the house or store of the defendant, and in the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The plaintiffs sued for two penalties of twenty-five dollars each, for that the defendant had sold at different times, in the tenth ward of the city of New-York, half a pint of spirits, at his grocery-store, to be drank in his house or store, in the one case ; and in the other, to be conveyed out of his house, without having the license of the commissioner of excise.
* The offences were fully proved; and it was also fully proved, that at the time of such sales, the, defendant had been duly licensed by the mayor of New-York, and had en» *256tered…
2Cited by1 opinion
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