Commonwealth v. O'Leary
Massachusetts Supreme Judicial Court
Complaint, on the Pub. Sts. o. 100, § 9, cl. 4, alleging that the defendant, on June 1, 1884, at New Bedford, unlawfully sold intoxicating liquor to one Jane O’Connell, she being then and there a minor, under the age of twenty-one years. At the trial in the Superior Court, before Staples, J., the following were admitted by the parties to be the facts, for the purpose of the trial: On a certain day in June, 1884, Jane O’Connell was a minor under the age of twenty-one years.
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Complaint, on the Pub. Sts. o. 100, § 9, cl. 4, alleging that the defendant, on June 1, 1884, at New Bedford, unlawfully sold intoxicating liquor to one Jane O’Connell, she being then and there a minor, under the age of twenty-one years. At the trial in the Superior Court, before Staples, J., the following were admitted by the parties to be the facts, for the purpose of the trial: On a certain day in June, 1884, Jane O’Connell was a minor under the age of twenty-one years. Her mother, a woman of full age, furnished her with money, and sent her to the defendant’s place of business in New…
1Opinion of the CourtField, J.
The defendant is charged with unlawfully selling intoxicating liquor to one Jane O’Connell, a minor. By the admitted facts, it appears that the contract of sale was made by the defendant with Jane as the agent of her mother, an adult person, and the defendant at the time of the sale knew this, and delivered the liquor to Jane for the use of her mother.
The decisions under the provisions of statute which prohibit the sale of intoxicating liquor without license or authority, are to the effect that a sale by an unlicensed person to the agent of an undisclosed principal may be alleged either as a…
2Cases cited4 opinions
- Commonwealth v. FinneganMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. LattinvilleMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. GormleyMassachusetts Supreme Judicial Court · 1882
- St. Goddard v. BurnhamMassachusetts Supreme Judicial Court · 1878
3Cited by12 opinions
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. JoslinMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. GouldMassachusetts Supreme Judicial Court · 1893
- State v. AllenIndiana Court of Appeals · 1895
- Presnall v. Burgess & Co.Supreme Court of Alabama · 1913
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