Haskins v. Newcomb
New York Supreme Court
Tins was an action of debt, for the •penalty of 100 dol- , , . , ,. , , lars, under the act to redress disorders by common informers. The declaration stated, that the defendant on the 11th October, 1804, at Troy, commenced an action popular, or suit, in the court of common pleas, for the county of Rensselaer, against the plaintiff, to recover ^ie Pena^>es imposed upon those who sell by retail, spirituous liquors, contrary to the act, &c.
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Tins was an action of debt, for the •penalty of 100 dol- , , . , ,. , , lars, under the act to redress disorders by common informers. The declaration stated, that the defendant on the 11th October, 1804, at Troy, commenced an action popular, or suit, in the court of common pleas, for the county of Rensselaer, against the plaintiff, to recover ^ie Pena^>es imposed upon those who sell by retail, spirituous liquors, contrary to the act, &c. That the act of 60b February, 1788,* to redress disorders by common informers, declares, that “no informer or plaintiffs . . in any popular action shall…
1Opinion of the Court
Kent, Ch. J.
This suit is brought by the party aggrieved, for an offence alleged to have been committed against the act to redress disorders by common informers, That statute gives a penalty of 100 dollars, to the party aggrieved, against the plaintiff in a popular action, who shall, without the order or consent of the court, compound or agree with the offender for the offence alleged to be committed.
The offence, then, consists in compounding with the offender for the offence charged; and when the subsequent section of the act declares it to be penal for the prosecutor to make any composition,…
2Cases cited1 opinion
- Bradway v. Le WorthyNew York Supreme Court · 1812