Potter v. Deyo
New York Supreme Court
Error from the Tompkins common pleas. The plaintiffs in error, as overseers, of the poor of Ithica, sued Deyo before a justice, and declared, in debt for a penalty of $25 for selling strong or spirituous liquors without having obtained a license. 1 R. S. 680, § 15. Plea, the general issue. On the trial the plaintiffs called two witnesses and proved that the defendant had sold whiskey.
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Error from the Tompkins common pleas. The plaintiffs in error, as overseers, of the poor of Ithica, sued Deyo before a justice, and declared, in debt for a penalty of $25 for selling strong or spirituous liquors without having obtained a license. 1 R. S. 680, § 15. Plea, the general issue. On the trial the plaintiffs called two witnesses and proved that the defendant had sold whiskey. One of the witnesses said. that on calling for liquor on a particular occasion, the defendant refused to sell, and said he was threatened to be complained of. When the evidence closed the defendant moved for a…
1Opinion of the Court
By the Court,
Bronson, J.
The statute gives a penalty of $25 for selling strong of spirituous liquors without having a license. 1 R. S. 680, § 15. Whether the defendant had a license or not, was a matter peculiarly within his knowledge, and I think the onus probandi lay upon him. This is like an action to recover penalties under the game laws, where, although the plaintiff must aver in pleading that the defendant was not qualified, it is enough for him to prove the killing of game, and it lies with the defendant to prove that he was qualified. Spieres v. Parker, 1 T. R. 144, per Lord Mansfield.…
2Cases cited1 opinion
- Pike v. GandallNew York Supreme Court · 1832
3Cited by29 opinions
- Morrison v. CaliforniaSupreme Court of the United States · 1934
- Griffen v. . ManiceNew York Court of Appeals · 1901
- United States v. FleischmanSupreme Court of the United States · 1950
- People v. . CannonNew York Court of Appeals · 1893
- Harris v. . WhiteNew York Court of Appeals · 1880
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