Lewis v. Welch
Superior Court of New Hampshire
Assumpsit upon an account annexed to the writ, for goods sold and delivered. Plea, the general issue, with a set-off. At a preceding term the action was referred to a referee, who reported that an item in the plaintiff’s account was as follows: “To 3 gallons of N. 13. rum, $1.60.” The rum was sold without the license from the selectmen required by the statute.
Read the full summary
Assumpsit upon an account annexed to the writ, for goods sold and delivered. Plea, the general issue, with a set-off. At a preceding term the action was referred to a referee, who reported that an item in the plaintiff’s account was as follows: “To 3 gallons of N. 13. rum, $1.60.” The rum was sold without the license from the selectmen required by the statute. The defendant objected that the plaintiff could not recover the price of the rum, and the referee reported that if the plaintiff were not entitled to recover tire price, the defendant should have judgment for twenty-two cents ; but that…
1Opinion of the CourtGilchrist, J.
The statute applicable to this case was passed on the 4th day of July, 1838, and provides that if any person shall, without license from the selectmen of the town where he resides, sell any spirituous liquors, he shall, on conviction thereof upon an indictment, forfeit and pay a sum not exceeding fifty dollars, &c.
It is contended by the counsel for the plaintiff that there is a distinction between malum prohibitum and malum in se; between things intrinsically and morally wrong, and things which are made so merely by legislation. The inference he would make from this distinction is, that when…
2Cases cited2 opinions
- Roby v. WestSuperior Court of New Hampshire · 1828
- Favor v. PhilbrickSuperior Court of New Hampshire · 1834
3Cited by6 opinions
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Coburn v. OdellSuperior Court of New Hampshire · 1855
- Carlton v. BaileySuperior Court of New Hampshire · 1853
- Doe v. BurnhamSuperior Court of New Hampshire · 1855
- Fuller v. BeanSuperior Court of New Hampshire · 1855
1 more not listed; retrieve them via the Exa API.