Foppiano v. Speed
Supreme Court of the United States
ERROR .TO THE SUPREME COURT OP THE STATE OP TENNESSEE. The plaintiff in error was compelled to pay for a license to sell liquors while on a ferryboat at the city of Memphis, in the State of Tennessee, the ferryboat plying between ports in the States of Arkansas and Tennessee.
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ERROR .TO THE SUPREME COURT OP THE STATE OP TENNESSEE. The plaintiff in error was compelled to pay for a license to sell liquors while on a ferryboat at the city of Memphis, in the State of Tennessee, the ferryboat plying between ports in the States of Arkansas and Tennessee. The license was demanded by the clerk of the Comity Court of Shelby County, by virtue of the following state statute: ' “Liquor Dealers . . “Persons selling beer or any quantities of liquor on steamboats, flatboats, or any other vessel, or water craft, or from railroad cars, shall pay a tax, each, in lieu of all other…
1Opinion of the CourtJustice Peckham
The plaintiff in error contends that he' rented the bar privilege from the company owning the ferryboat, and that he conducted the business .of selling liquors over the bar on the boat pursuant to his lease, and while doing so was engaged in interstate commerce, and therefore was not liable in any manner to be taxed on account of conducting his business in the way he . did, while within the boundaries of the State of Tennessee. .
There is a distinction to be observed between the business of the plaintiff in error in selling-intoxicating liquors-and any other business which might have been…
2Cases cited8 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- In Re RahrerSupreme Court of the United States · 1891
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
- Rhodes v. IowaSupreme Court of the United States · 1898
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
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3Cited by24 opinions
- New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
- People Ex Rel. Hatch v. . ReardonNew York Court of Appeals · 1906
- Delamater v. South DakotaSupreme Court of the United States · 1907
- Heyman v. Southern Railway Co.Supreme Court of the United States · 1906
- Commonwealth v. Peoples Express Co.Massachusetts Supreme Judicial Court · 1909
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