Legal Opinion

Commonwealth v. Cauley

Massachusetts Supreme Judicial Court

Decided November 30, 1889PublishedCited by 2 opinions

Two complaints for keeping, at Milford, intoxicating liquors with intent unlawfully to sell the same, on October 16 and November 12, 1888, respectively. At the trial of the cases in the Superior Court, before Brigham, C. J., there was evidence tending to show the following facts.

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Two complaints for keeping, at Milford, intoxicating liquors with intent unlawfully to sell the same, on October 16 and November 12, 1888, respectively. At the trial of the cases in the Superior Court, before Brigham, C. J., there was evidence tending to show the following facts. The defendants carried on the business of common victuallers in Milford, for which each had a license, Cauley in rooms on the first floor of a two and a half story building on East Main Street belonging to Mrs. Michael Griffin, and Keefe in a room or rooms in Scott’s Building, so called, numbered 67 Main Street.…

1Opinion of the CourtKnowlton, J.

It is provided in the Pub. Sts. c. 100, § 9, that “ Each license of the first, second, and third classes . . . shall specify the room or rooms in which such liquors shall be sold or kept by a common victualler. No person licensed as aforesaid and not licensed as an innholder shall keep, sell, or deliver any such liquors in any room or part of a building' not specified in his license as aforesaid.” In licenses of this kind the Legislature has seen fit to require, not merely a general statement of the place, but a specification of the room or rooms where the sales may be made. Other parts of…

2Cases cited1 opinion

  1. Commonwealth v. RaffertyMassachusetts Supreme Judicial Court · 1882

3Cited by2 opinions

  1. Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
  2. Pascoe v. StateWisconsin Supreme Court · 1928

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