Board of Commissioners of Excise v. Backus

By the court, Bacon, J.

This action was brought by the plaintiffs as commissioners of excise of Onondaga county, to recover the penalty given by the statute for a violation of the excise law by the defendant, in selling spirituous liquors in quantities less than five gallons, to be drank on his premises. On the .trial the plaintiffs proved by the witness Quackenbush, that he was present in the store of defendant when White, the other witness, called for gin, and that liquor was given him by a woman in charge of the store," which he drank and paid for, and that he thinks the defendant received…