Palmer v. Doney
New York Supreme Court
This was an action of debt, for several penalties alleged to be incurred under the act to lay a duty of excise on strong liquors, and for the better regulating inns and taverns. The defendant, on the 8th day of April, 1799, applied to the plaintiff, who was supervisor of the town of Ballstown, .and two justices, White and Waters, then sitting as commis* sioners under the act, for a license to retail spirituous liquors, for the purpose, of keeping *an inn or tavern.
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This was an action of debt, for several penalties alleged to be incurred under the act to lay a duty of excise on strong liquors, and for the better regulating inns and taverns. The defendant, on the 8th day of April, 1799, applied to the plaintiff, who was supervisor of the town of Ballstown, .and two justices, White and Waters, then sitting as commis* sioners under the act, for a license to retail spirituous liquors, for the purpose, of keeping *an inn or tavern. The defendant paid White, one of the justices, five dollars, the sum required for such license; who, without the assent of the…
1Opinion of the CourtLewis, J.
This prosecution appears to be a hard one against the defendant. ^Having paid for a license, and two magistrates having considered him properly qualified for an innholder, we are at a loss to discover the motive of it. On the argument, I thought the law with the defendant, on all the points raised; and could my opinion be controlled by *348my wishes, I should think so still. But on reflection and examination, we all believe the charge to be incorrect in one important particular, and the verdict of course wrong. The point to which I allude is the protection set up under the license of the 3d of…
2Cases cited2 opinions
- Godfrey v. StateIndiana Supreme Court · 1839
- Barnes v. CommonwealthCourt of Appeals of Kentucky · 1834
3Cited by1 opinion
- People ex rel. Van Demark v. Commissioners of ExciseNew York Supreme Court · 1858