Pomroy v. Sperry
New York Supreme Court
This action was brought to recover penalties for violations by the defendant of the law of 1857, entitled, “ An act to suppress intemperance, and to regulate the sale of intoxicating liquors.”
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This action was brought to recover penalties for violations by the defendant of the law of 1857, entitled, “ An act to suppress intemperance, and to regulate the sale of intoxicating liquors.” The complaint contained allegations that the defendant had at Cineinnatus in the county of Cortland, on certain specified days, sold strong and spirituous liquors and wines, in quantities less than five gallons at a time, without having a license therefor; and that he had forfeited the sum of fifty dollars for each sale. The answer was, that the commissioners of excise of Cortland county had no right to…
1Opinion of the CourtBalcom, Justice
held, that the commissioners of excise ought not to have been- named as plaintiffs in the action, and that the action should have been brought exclusively in the name of “ the board of commissioners of excise,” of Cortland county ; but he said the plaintiffs’ attorney might amend the summons and pleadings in the action by striking out the names of the commissioners, and then the action would, stand solely in the name of “ the board of commissioners of excise of Oort- . land county,” as plaintiff. And he decided, upon the author. *213ity of the case of Thayer and another, overseers of the poor of…
2Cases cited1 opinion
- Thayer v. LewisNew York Supreme Court · 1847
3Cited by1 opinion
- Commissioners of Excise for City of New York v. PurdyNew York Supreme Court · 1861