Board of Commisioners of Excise v. Doherty
New York County Courts
Oír the 10th day of September, 1857, L. 0. Hoffman, Esq., Justice of the Peace of the town of Waterford, rendered a judgment in favor of the plaintiff and against the defendant, for $50 damages, and $1.63 costs. The defendant appeals.
1Opinion of the Court
McKean, County Judge.
This action was brought under section 13 of the act entitled “ An act to suppress intemperance, and to regulate the sale of intoxicating liquors,” passed April 16, 1857, which reads thus: “ Whoever shall sell any strong or spirituous liquors or wines, in quantities less than five gallons at a time, without having a license therefor, granted as herein provided, shall forfeit the sum of fifty dollars for each offence.”
It is objected by the defendant’s counsel, that the action should have been brought in the name of the individuals who compose the board of commissioners of…
2Cases cited3 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Perry v. TynenNew York Supreme Court · 1856
- Stewart v. SmithNew York Supreme Court · 1837
3Cited by2 opinions
- Goener v. WollSupreme Court of Minnesota · 1879
- Prussia v. GuentherNew York Supreme Court · 1885