Board of Commissioners of Excise v. Dougherty
New York Supreme Court
THIS is an action brought by the plaintiff to recover from the defendant five penalties for violations of the following section (being section 13) of the act of 1857. known as the excise law: “ Whoever shall sell any strong or spirituous liquors or wines in quantities less than five gallons at a time, without having a license therefor granted as herein provided, shall forfeit $50 for each offense.”
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THIS is an action brought by the plaintiff to recover from the defendant five penalties for violations of the following section (being section 13) of the act of 1857. known as the excise law: “ Whoever shall sell any strong or spirituous liquors or wines in quantities less than five gallons at a time, without having a license therefor granted as herein provided, shall forfeit $50 for each offense.” The case was tried before his honor Judge Gilbert and a jury, at the circuit court held at Hewburgh in April, 1869. Hpon the trial the plaintiff proved by Mary Martin that she had frequently bought…
1Opinion of the Court
By the Court, Táppen, J.
The action was brought to recover of the defendant five penalties of $50 each, for selling liquor without a license, under section 13 of the act of 1857, known as the excise law. (Laws of 1857, vol 2, p. 405.)
The sale by the defendant was clearly proven, and the . defense relied upon was that his wife owned the tavern, and that he sold for her. The charge of the judge was in substance that if the defendant sold as principal, he was clearly liable, but if he sold as the agent of his wife, that was a complete defense. The jury found for the defendant, and the case is…
2Cases cited2 opinions
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