Griffith v. Wells
New York Supreme Court
Error to Oneida O. P. Griffith sued Wells before a justice of the peace in December, 1843, and declared in assumpsit for two half gallons of whiskey and two glasses of beer, sold and delivered to the defendant, of the value of three shillings and six pence. The plaintiff, who was a grocer, proved his declaration. The defence was, that the plaintiff sold the liquor without having a license to sell spirituous liquors.
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Error to Oneida O. P. Griffith sued Wells before a justice of the peace in December, 1843, and declared in assumpsit for two half gallons of whiskey and two glasses of beer, sold and delivered to the defendant, of the value of three shillings and six pence. The plaintiff, who was a grocer, proved his declaration. The defence was, that the plaintiff sold the liquor without having a license to sell spirituous liquors. The justice gave judgment for the plaintiff for 44 cents damages, besides costs. On certiorari, the C. P. reversed the judgment, on the ground that the plaintiff did not show a…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Our excise law does not, in ..terms, prpjijb.it the sale of strong or spirituous liquors without a *227license, nor declare the act illegal; but only inflicts a penalty upon the offender. (2 R. S. 680, § 15, 16.) From this it is argued, that although the seller without a license incurs a penalty, the contract of sale is valid, and may be enforced by action. But it was laid down long ago, that “ where a statute inflicts a penalty for doing an act, though the act be not prohibited, yet the thing is unlawful; for it cannot be intended that a statute would inflict a…
2Cases cited3 opinions
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Mitchell v. SmithSupreme Court of the United States · 1803
3Cited by46 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Leavitt v. BlatchfordNew York Supreme Court · 1848
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Levinson v. BoasCalifornia Supreme Court · 1907
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