Legal Opinion
United States v. Overton
U.S. Circuit Court for the District of District of Columbia
Decided June 15, 1812PublishedCited by 1 opinion
Indictment for selling liquor as an ordinary-keeper, without license. The defendant justified under a written authority from Mrs. Smallwood, the widow and administratrix of Walter B. Small-wood indorsed on the original 'license which had been granted to him in his lifetime.
1Opinion of the Court
The Court (Thruston, J., contra,)
said that Mrs. Smallwood had no authority to sell under her husband’s license after his death. It is a personal trust. The recognizance given by the husband cannot be forfeited after his death by any misconduct of his widow.
The jury found the' defendant guilty, and the Court rendered judgment for the fine of 600 lbs. of tobacco, under the Act of Assembly of Maryland.
2Cited by1 opinion
- Richards v. GeigerCourt of Appeals for the D.C. Circuit · 1912