Randall v. Tuell
Supreme Judicial Court of Maine
On Exceptions by Dbeendant. This was an action of assumpsit for board and lodging furnished at tbe Cony House, in tbe city of Augusta, between April 26,1894, and May 10, 1894. Tbe plea was tbe general issue. Tbe case was tried to a jury in tbe Superior Court for Kennebec County. That tbe plaintiff boarded a lady at bis hotel, tbe Cony House, in Augusta, Maine, for fourteen days from April 26, 1894, to May 10, 1894,-was admitted.
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On Exceptions by Dbeendant. This was an action of assumpsit for board and lodging furnished at tbe Cony House, in tbe city of Augusta, between April 26,1894, and May 10, 1894. Tbe plea was tbe general issue. Tbe case was tried to a jury in tbe Superior Court for Kennebec County. That tbe plaintiff boarded a lady at bis hotel, tbe Cony House, in Augusta, Maine, for fourteen days from April 26, 1894, to May 10, 1894,-was admitted. It was not in controversy that tbe price charged, $28.00, and claimed in tbe writ, was reasonable. Tbe plaintiff contended that be furnished tbe board under an oral…
1Opinion of the CourtFoster, J.
The only question presented in this case is, whether an innholder who has no license under R. S., c. 27, can recover for board and lodging furnished by him in such inn.
While the statute contains no express provision declaring contracts by an unlicensed innholder to be void, it does by § 13 expressly provide that “no person shall be a common innholder or victualer without a license, under a penalty of not more than fifty dollars.”
It is the general doctrine now settled by the great weight of authority, that where a license is required for the protection of the public and to prevent improper…
2Cases cited6 opinions
- Stevenson v. EwingTennessee Supreme Court · 1888
- Gardner v. TatumCalifornia Supreme Court · 1889
- Sawyer v. SmithMassachusetts Supreme Judicial Court · 1872
- Prescott v. BattersbyMassachusetts Supreme Judicial Court · 1876
- Hustis v. PickandsAppellate Court of Illinois · 1888
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3Cited by13 opinions
- Goldsmith v. Manufacturers' Liability InsuranceCourt of Appeals of Maryland · 1918
- Hiram Ricker & Sons v. Students International Meditation SocietyCourt of Appeals for the First Circuit · 1974
- Zimmerman v. BrownIdaho Supreme Court · 1917
- Hiram Ricker & Sons v. Students International Meditation SocietySupreme Judicial Court of Maine · 1975
- Fruin-Colnon Contracting Co. v. ChattersonCourt of Appeals of Kentucky · 1912
8 more not listed; retrieve them via the Exa API.