Levy v. Gowdy
Massachusetts Supreme Judicial Court
Tort to recover the amount of penalties incurred by sales of coal in the town of Westfield, in violation of St. 1855, c. 188, § 4. The writ was dated May 27th 1860. The first count was as follows : “ And the plaintiff says the defendants in the month of October A. D. 1859, at Westfield in said county, sold and delivered to the plaintiff a quantity of five hundred pounds or more of anthracite, bituminous or mineral coal, not by the cargo, and did not on or before the delivery…
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Tort to recover the amount of penalties incurred by sales of coal in the town of Westfield, in violation of St. 1855, c. 188, § 4. The writ was dated May 27th 1860. The first count was as follows : “ And the plaintiff says the defendants in the month of October A. D. 1859, at Westfield in said county, sold and delivered to the plaintiff a quantity of five hundred pounds or more of anthracite, bituminous or mineral coal, not by the cargo, and did not on or before the delivery of such coal so sold, cause the same to be weighed by a sworn weigher of the town in which the same was sold and…
1Opinion of the CourtMetcalf, J.
The causes assigned for this demurrer are not sufficient to support it, and it must be overruled.
I. Although the acts charged in the declaration are not, by the common law, penal offences, but are made such by St. 1855, c. 188, § 4, yet since the passing of St. 1852, c. 312, it is not necessary, as it was previously, (9 Pick. 162,) to allege that they were committed against the form of the statute. In that statute, forms of declaration for the recovery of a penalty are furnished, which contain no reference to any statute, though the penalty,in each of the cases for which the form is set…
2Cases cited1 opinion
- Bradway v. Le WorthyNew York Supreme Court · 1812