Commonwealth v. Crowell

• Decision Date: 06 May 1892
• Citation: 156 Mass. 215,30 N.E. 1015
• Parties: COMMONWEALTH v. CROWELL.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

156 Mass. 215

30 N.E. 1015

COMMONWEALTH v. CROWELL.

Supreme Judicial Court of Massachusetts, Barnstable.

May 6, 1892

Indictment against Erastus Crowell for failure to take out a license as an itinerant vendor, under section 1 c. 448, of the Laws of 1890. Defendant at the time charged in the indictment was in the employ of Edward F. Miller, of Boston. Miller was engaged in the manufacture and sale of tailor made clothing, and had permanent establishments at Boston, Worcester, and Springfield. By means of misfits and other causes, Miller always had on hand large quantities of clothing which had been returned by customers, and which it was his habit to dispose of as ready-made clothing whenever a profitable opening appeared. About the 6th of October, 1890 defendant went on behalf of Miller to the town of Dennis, and in the usual course of business, as above described, proposed to take orders from customers, and to dispose of a certain stock of ready-made clothing. He hired a store in Dennis, and furnished it with a stock of clothing of the above description, and, with the intention of remaining in the occupation of said store until said stock should be disposed of, opened the store for said business on said 6th day of October, and at divers times between the dates named in the indictment made sales both of custom-made and ready-made clothing. The jury returned a verdict of guilty, and the case was reported, at defendant's request, for the determination of the supreme court. Ordered that judgment be entered on the verdict.

The following are sections 1, 2, and 3 of chapter 448 of the Laws of 1890, regulating licenses of itinerant vendors "Section 1. The words 'itinerant vendors,' for the purposes of this act, shall be construed to mean and include all persons, both principals and agents, who engage in a temporary or transient business in this state, either in one locality or in traveling from place to place, selling goods, wares, and merchandise, and who for the purposes of carrying on such business hire, lease, or occupy any building or structure for the exhibition and sale of such goods wares, and merchandise. Sec. 2. The provisions of this act shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business nor to bona fide sales of goods, wares, and merchandise by sample for future delivery, or to hawkers on the streets or peddlers from vehicles. Sec. 3. Every itinerant vendor who shall sell or expose for sale, at public or private sale, any goods, wares, and merchandise, without state and local licenses therefor, shall be guilty of a misdemeanor, and shall be punished by fine not exceeding fifty dollars, or by imprisonment not exceeding sixty days, or...