Commonwealth v. Merriam
Massachusetts Supreme Judicial Court
Complaint to the Fourth District Court of Eastern Middle-sex, for an unlawful sale of intoxicating liquors, on December 16, 1882, at Woburn.
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Complaint to the Fourth District Court of Eastern Middle-sex, for an unlawful sale of intoxicating liquors, on December 16, 1882, at Woburn. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: It appeared that the defendant duly made application to the selectmen of Woburn for a license to sell and keep for sale intoxicating liquors on the second floor of Whitcher Building on Main Street in Woburn ; that the selectmen, upon said application, on May 18, 1882, granted the defendant a license of the first class, which was issued to him on…
1Opinion of the CourtColburn, J.
In order to justify sales of intoxicating liquors, it was incumbent on the defendant to produce a license which upon its face appeared to be valid. Section 5 of the Pub. Sts. c. 100, requires that the license shall set forth “ the building in which the business is to be carried on.”
We are of opinion that the license produced in this case was defective in not setting forth such building, and that it is immaterial that the defect was the fault of the selectmen. It was still a defective license, under which the defendant could not justify.
We are of opinion that the certificate made upon the face…
2Cited by3 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- McGinnis v. Inhabitants of MedwayMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. McCormickMassachusetts Supreme Judicial Court · 1889