The Republican journal., 1909-02-18
Rescripts from the Law Court.
So-called Social Clubs a Nuisance.

NoNA
resort for the mere purpose OF drinking
Intoxicating liquors are nuisances is the
substance Of a rescript handed down from
the Law Court February 9th and drawn
bv Justice William Penn Whitehouse.
The case at issue is an Androscoggin
one. that of the State VS.. Daniel Kapl-
cski, and the exceptions of the respond
ent are overruled and judgment for the
state is given.
The rescript says:
at is alleged that the defendant kept
and maintained a certain tenement as
place of resort where intoxicating
liquors were unlawfully kept, sold, CIV
en- away, drank and dispensed in a man.
ner not provided for by law
''The defendant was one OF the 2N
members of the St. Bartholomew society
occupving the premises mentioned IN
the Indictment, The society had occu-
pied the premises from April, 1908, to
the time of the trial of the case in Sep
TENDER. The premises consisted OF one
lodge room, billiard room and small
bar room, so-called, in connection with
the latter. The society itself was regu-
larly organized, having constitution
and bylaws and from the dues assessed
to the members sick and death Dement'S
were paid.
cit was obviously the intention OF the
legislature by this enactment to declare
ali places to be common nulsances Wnen-
ever they should commonly and haoltu-
ally be used for the illegal Sale or keeping
of Intoxicating liquors, and also wnen-
ever commonly and habitually USED as
places of resort where such liquors are
given away, drank, or dispensed IN any
manner not provided for by law.
- ST 1roh
State to show that the place was used
for such unlawful purposes during the
entire period named in the indictment.
Proof that the defendant kept and nam
tanned tenement for any one 81 SUCH
purposes during any part OF the tune
comprised within the days named IN the
indictment, will warrant convection:
1t is the nature of the acts done, not
the length of time during which they are
committed, that constitutes the ottense.
''Any place that is resorted to, that IS
a place of resort for the mere purpose
of drinking intoxicating liquors, is a null
sance: any place Of resort where liquors
are illegally kept is nuisance any
place or resort where liquors are gwen
away is a nuisance. 1t must be place
Of resort; and then the statute goes on TO
say that any person keeping or NAM
and punished therefor.
"The State need not prove that this
place was so kept and used during the
whole of that time. The case is made
out the offence is committed, IT for
single dav between those dates that
Mace was so used If for single hour
in the day it was so used, for that hour
# was a common nuisance and whoever
for that hour maintained the place was
guilty of keeping and maintaining COM
mon nuisance.
ssSuch a place of resort would be
equally nuisance under the statute II
used by club either to sell Intoxicating
liquor to its members, or to dlstfipute
among its members Intoxicating liquor
owned by them in common, or to procure
for and dispense to members lntoxlcatlhg
1iouor. which were bought for and be-
longing to them individually. If the
club bv its agent, purchased and stored
Intoxicating liquors for its members,
and dealt out in portions to each mem
Der upon his order the liquor belonging
to and kept for him, and kept the place
for that purpose, the place was common
nuisance under the statute
Exceptions overruled.
Judgment for the State.
AwALDo COUNTY CASE.
George M. Bonney VS.. P. C. Blaisdell.
Rescript by Savage, j.
The plaintiff sold to the defendant a
gasolene launch, and agreed to put the
boat into commission and "have the same
ready for delivery between June first and
ninth" 1906. The vessel was not pre-
pared for delivery until sometime after
June 9Th On June 21st, the plaintiff in
formed the defendant that the boat was
''ready for trial" On the day following,
both parties went out In her for trial
trip. On the trip several trivial and
easily remediable defects in the engine
We're disclosed. On the same day, June
22nd, the defendant notified the plaintiff
that he would not take the boat, assing-
ing no reasons other than the imperfec-
tions in the engine. Afterwards the
plaintiff let the boat, and then sold her
for less than the defendant had agreed
to pay.
In an action to recover damages for a
breach of an implied contract to accept
the boat, held:
l. If the time named for the delivery
of the boat was of the essence of the
contract the evidence is plenary that
strict performance of this stipulation
was waived by the defendant.
2. In such case, it was the duty of
the plaintiff to be prepared to deliver the
boat within a reasonable time.
3. Il must be assumed that it was, or
ought to have been fairly within the con-
temptation of the parties that if trivial
and easily remediable faults, such as
existed in this case, We're disclosed on
the trial trip, the proffer of which the
defendant had accepted, reasonable
opportunity was to be had to cure them.
Such would be an obvious purpose of a
trial trip.
A. The refusal of the defendant to
take the boat without giving the plaintiff
reasonable further time to remedy the
troubles which were found was, under
the circumstances, unwarrantable, and
was breach of his contract
5. The evidence does not support the
defendants claim that the plaintiff as
sented to RECESSION of the contract.
6. The plaintiff is entitled to recover
the difference between the contract
prices and the fair market value Of the
yacht at the time of the breach.
Judgment for the plaintiff for So, 100,
and interest from the date of the writ.
Cocaine which dulls the nerves never yet
cured Nasal Catarrh. The heavy feeling in the
forehead, the stuffed up sensation and the