Essenfeld Bros. v. Hostetter

Eager, J. (dissenting in part).

I would modify rather than reverse the judgment appealed from.

The provisions of the Alcoholic Beverage Control Law were not intended to be applied to prohibit a resident, while traveling outside the United States, from purchasing and thereupon bringing or shipping into this State reasonable quantities of alcoholic beverages for his own personal use and consumption. (See People v. Ryan, 274 N. Y. 149. Also, same case, unpublished opinion, Nolan, J., Special Term, Westchester County, Feb. 27, 1936. See, also, State Liquor Authority Bulletin No. 263 of July 20,…