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14 F. Cas. 850

Koones v. Thomee

U.S. District Court

Decided March 15, 1806

U.S. District Court · decided 1806-03-15

In an action of assumpsit, for boarding, lodging, and liquors, brought by the plaintiff, who was a tavern-keeper. moved the court to instruct the jury, that the plaintiff cannot .recover more than $5 a year for liquors sold to be drank in the house.

Decided 1806-03-15

THE COURT

¶1instructed the jury, that if they should be satisfied, by the evidence, that the plaintiff was a tavern-keeper, and that the- defendant resided in the plaintiff’s tavern, at the time the liquors were furnished to be drank in the house, the plaintiff was not entitled to recover more than $5 a year for liquors sold; but if the jury should be satisfied that the plaintiff has a family or domicil more than twenty miles from the place where the liquor was sold, this law did not apply.

¶2Verdict for the full claim; and THE COURT, after argument, refused to grant a new trial, which the plaintiff prayed for on the ground that the verdict was against evidence and law.

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