City of Brooklyn v. Toynbee
New York Supreme Court
APPEAL from a judgment of the city court of Brooklyn. The action was brought for the violation of an ordinance of the city of Brooklyn. The complaint contained 104 counts, and sought to recover 104 penalties of $50 each, amounting in the aggregate to $5200, for exposing for sale, and selling, liquor on the sabbath, in violation of the ordinance.
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APPEAL from a judgment of the city court of Brooklyn. The action was brought for the violation of an ordinance of the city of Brooklyn. The complaint contained 104 counts, and sought to recover 104 penalties of $50 each, amounting in the aggregate to $5200, for exposing for sale, and selling, liquor on the sabbath, in violation of the ordinance. The verdict was for $800, the aggregate of sixteen penalties; one moiety thereof being for the salé of the liquor, and the other moiety for •exposing it in the act of sale. The defendant kept a hotel, and the only cause of action purshed at the trial,…
1Opinion of the CourtEmott, J.
It is contended that the ordinance upon which this suit was brought, or at least that portion of it which forbids the sale of liquor on Sunday, is void upon the principles supposed to be laid down by Mr. Justice Strong in Wood v. City of Brooklyn, (14 Barb. 425,) to which we were cited. Obviously, however, that case is not in point. The plaintiff, • there, was the possessor of a license to sell liquor as a tavern-keeper, granted by the state authorities, and the question was ' whether the city of Brooklyn had power to prohibit an act *284which a law of the state and the license granted under it,…
2Cases cited1 opinion
- Wood v. City of BrooklynNew York Supreme Court · 1852
3Cited by13 opinions
- People v. LewisNew York Court of Appeals · 1945
- Thelsen v. McDavidSupreme Court of Florida · 1894
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- State v. LudwigSupreme Court of Minnesota · 1875
- Arhart v. StarkSuperior Court of Buffalo · 1894
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