Spencer v. Huntington
Supreme Court of Connecticut
This was an action of debt, brought by Isaac Spencer, Esq. as treasurer of the state, against Eliphalet Huntington and Salmon Champion jun., to recover the sum of 50 dollars, as a penalty for a violation of the statute regulating the sale of spiritous liquors.
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This was an action of debt, brought by Isaac Spencer, Esq. as treasurer of the state, against Eliphalet Huntington and Salmon Champion jun., to recover the sum of 50 dollars, as a penalty for a violation of the statute regulating the sale of spiritous liquors. The declaration comprised two counts In the first, it was alleged, That on the 16th of January, 1824, within a store in Lebanon, then kept and occupied by the defendants, who were joint traders and dealers in goods, without first having obtained a licence to be retailers in the manner prescribed by the statute, did unto one John…
1Opinion of the Court
*315By the Court,
(Peters, J.
being absent.) The declaration was adjudged insufficient. The reporter, not having been furnished with the reasons of their judgment, by the Judge designated to give them, is unable to state them fully. From the observations made, by the several Judges, during the consultation, he understood all who were present, to express an opinion, that the present plaintiff, as treasurer of the state, could not sustain an action of debt for the penalty in question. Though there were some remarks made upon other points in, the case, he cannot say, with any degree of confidence,…
2Cited by1 opinion
- Bissell v. SpencerSupreme Court of Connecticut · 1832