Kennedy v. Saunders
Massachusetts Supreme Judicial Court
Tort, Tinder the Pub. Sts. o. 100, in five counts. The first count alleged that the plaintiff was the wife of William J. Kennedy; that said William J. had the habit of drinking spirituous or intoxicating liquors to excess; that in September, 1884, the plaintiff gave notice in writing, signed by her, to the defendant, requesting him not to sell or deliver such liquor to said William J.; and that the defendant did sell or deliver such liquor to said William J. after the giving…
Read the full summary
Tort, Tinder the Pub. Sts. o. 100, in five counts. The first count alleged that the plaintiff was the wife of William J. Kennedy; that said William J. had the habit of drinking spirituous or intoxicating liquors to excess; that in September, 1884, the plaintiff gave notice in writing, signed by her, to the defendant, requesting him not to sell or deliver such liquor to said William J.; and that the defendant did sell or deliver such liquor to said William J. after the giving and receipt of said notice, and between the date of the receipt thereof and May 1, 1885, and within twelve months after…
1Opinion of the CourtGardner, J.
1. The defendant contends that “the written notice claimed to have been given by the plaintiff to the defendant was not a sufficient compliance with the provisions of the Pub. Sts. c. 100, § 25.” The defendant does not point out any defect in the notice claimed to have been given, nor any want of compliance therein with the requirements of the statute. The language of the statute is as follows: “ The .... wife .... of a person who has or may hereafter have the habit of drinking spirituous or intoxicating liquor to excess may give notice in writing, signed by ... . her, to any person,…
2Cited by5 opinions
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1950
- Sackett v. RuderMassachusetts Supreme Judicial Court · 1890
- Malhoit v. BurnsMassachusetts Supreme Judicial Court · 1920
- Tate v. DonovanMassachusetts Supreme Judicial Court · 1887
- Taylor v. CarrollMassachusetts Supreme Judicial Court · 1887