State v. Mahoney
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1922, among the opinions in this site’s citation index.
Not a substitute for Shepard’s or KeyCite — verify before relying.
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Cases that cite this one
7 later published cases cite this decision.
- State v. Brown (Minn. 1922)
- State v. Lundgren (Minn. 1913)
- Walters v. State (Ind. 1910)
- Ollre v. State (Tex. Crim. App. 1909)
- Moore v. State (Neb. 1902)
- State v. Mueller (Minn. 1888)
- State v. McGinnis (Minn. 1882)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant was charged with unlawfully selling spirituous liquors to an habitual drunkard. The only proof of the fact was that the person alleged to have been an habitual drunkard bought spirituous liquor from defendant’s clerk, there being no evidence of the defendant being present, nor of his having given the clerk authority to sell to this particular person, or to any habitual drunkard. The sale by the clerk was made at defendant’s saloon, where he appears to have carried on the business of selling liquors, apparently under a license. The presumption from a clerk being employed at the saloon, would be that he had authority from the defendant to make such sales as were lawful. A single unlawful sale by such clerk would not raise any presumption that his master had given him authority to violate the law. Parker v. State, 4 Ohio St. 563. There is no proof to connect defendant with the illegal act of the clerk, and the judgment must be reversed and a new trial ordered.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.