Prussia v. Guenther
New York Supreme Court
I. June, 1884. Appeal to the county court of Orleans county from, a judgment of a justice of the peace in favor of the plaintiff. William J. Prussia, as overseer of the poor of the town of Gaines, sued George Guenther, before a justice of the peace, for penalties, alleged to have been incurred under L. 1857, c. 628, as amended by L. 1870, c. 175, and L. 1873, c. 820, by the sale of spirituous liquors in said town without a license.
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I. June, 1884. Appeal to the county court of Orleans county from, a judgment of a justice of the peace in favor of the plaintiff. William J. Prussia, as overseer of the poor of the town of Gaines, sued George Guenther, before a justice of the peace, for penalties, alleged to have been incurred under L. 1857, c. 628, as amended by L. 1870, c. 175, and L. 1873, c. 820, by the sale of spirituous liquors in said town without a license. Plaintiff recovered judgment for $200 and costs, and defendant appealed to the county court. The facts are fully stated in the opinion of the county judge.
1Opinion of the Court
Isaac S. Signor, County Judge.
This is an appeal from a judgment entered on a verdict of a jury by Russel S. Eggleston, Esq., a justice of the peace of the town of Gaines.
*232The judgment is for §200 damages, and $10 costs, for penalties incurred by violating the excise law, in selling liquors in quantities less than five gallons at a time without having a license therefor. The complaint contains one hundred and four counts, all but one of which charge that, on a certain day therein named, the defendant, at the town of Gaines, sold strong and spirituous liquors in quantities less than five…
2Cases cited16 opinions
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Avery v. SlackNew York Supreme Court · 1837
- Grover v. . MorrisNew York Court of Appeals · 1878
- The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
- Hall v. McKechnieNew York Supreme Court · 1856
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