People v. Luhrs
New York Court of Sessions, Orange County
Appeal from judgment of a Court of Special Sessions, convicting the defendant of a violation of section 31 of chapter 401, Laws of 1892. Defendant was charged with selling strong and spirituous liquors, wine, ale and beer, in- quantities of less than five gallons at a time, without a license, at divers times between October 8, 1892, and September 22, 1893, to divers persons.
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Appeal from judgment of a Court of Special Sessions, convicting the defendant of a violation of section 31 of chapter 401, Laws of 1892. Defendant was charged with selling strong and spirituous liquors, wine, ale and beer, in- quantities of less than five gallons at a time, without a license, at divers times between October 8, 1892, and September 22, 1893, to divers persons. He did not deny such charge, but alleged in justification that he sold or disposed of the liquors, etc., to members of an incorporated club known as the Cornwall Boating & Fishing Club, as agent or servant of such club,…
1Opinion of the CourtBeattie, J.
There was no dispute as to the essential facts of this case : That the defendant was an officer or agent of a so-called club; that members of the club and others drank intoxicating liquors served by the defendant and paid for by them; that neither the “club” nor the defendant was licensed to sell liquors; these were the conceded facts of the case.
The only question debated or debatable under the proof was whether the defendant, as the representative of an incor*504poratecL club or association, was liable to criminal prosecution by reason of the sale of liquor by him. The criticism of the…
2Cases cited4 opinions
- People v. . AndrewsNew York Court of Appeals · 1889
- People v. SinellNew York Supreme Court · 1890
- People v. BradleyNew York Supreme Court · 1890
- People v. HenschelNew York Supreme Court · 1890
3Cited by2 opinions
- People v. . Adelphi ClubNew York Court of Appeals · 1896
- State v. Country ClubCourt of Appeals of Texas · 1914