Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, on the St. of 1869, c. 415, § 44, against certain intoxicating liquors, alleged to have been deposited by Patrick O’Connell in a certain vehicle, and being conveyed by him to some unknown person, the said unknown person intending to sell the same in violation of law. The Boston Beer Company appeared and claimed an interest in certain of the liquors seized under said complaint.
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Complaint to the Municipal Court of the city of Boston, on the St. of 1869, c. 415, § 44, against certain intoxicating liquors, alleged to have been deposited by Patrick O’Connell in a certain vehicle, and being conveyed by him to some unknown person, the said unknown person intending to sell the same in violation of law. The Boston Beer Company appeared and claimed an interest in certain of the liquors seized under said complaint. At the trial in the Superior Court, before Aldrich, J., it was agreed by the parties that the Boston Beer Company was incorporated under the St. of 1827, c. 32, “…
1Opinion of the CourtEndicott, J.
The claimant in this case contends that, having been created a corporation for the purpose of manufacturing malt *155liquors under a charter, which the legislature has no power to alter, modify or repeal, it has the right to sell the products of its manufacture, notwithstanding the provisions of the St. of 1869, c. 415, relating to the manufacture and sale of intoxicating liquors. We do not think this position is tenable.
By its charter "the claimant is a private manufacturing corporation, with the same power as a natural person to do that which its charter authorizes ; and by implication with the…
2Cases cited2 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- People v. HawleyMichigan Supreme Court · 1854
3Cited by20 opinions
- Tenement House Department v. MoeschenNew York Court of Appeals · 1904
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1892
- City of Salem v. MaynesMassachusetts Supreme Judicial Court · 1877
- Bancroft v. City of CambridgeMassachusetts Supreme Judicial Court · 1879
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