Shepherst v. Borough of Avon-by-the-Sea
Shepherst v. Borough of Avon-by-the-Sea
Opinion of the Court
The prosecutor is a salesman for the Fuller Brush Company of Hartford, Connecticut. He was convicted for soliciting orders by sample without a license in the borough on the 7th of August, 1924, and fined $25 and costs by the recorder. The ordinance under which the conviction was had provides soliciting agents for any class of goods, wares or merchandise, a license fee each of $15. As stated, the prosecutor solicited an order for brushes, by sample, on August 7th, 1924. The testimony further shows the order for the brushes was then mailed to. Hartford, Connecticut. The order was then filled at Hartford and the brushes mailed by parcel post to the prosecutor at Avon-by-the-Sea, and by him delivered to the customer. The prosecutor files, seven reasons for setting aside the conviction as illegal. They all involve the one point, viz.: The conviction is illegal, because the prosecutor was engaged in interstate commerce. We think the conviction, for this reason, is. illegal, and must be reversed. The case is controlled by our decision in the ease
The judgment of conviction under review is reversed.
Reference
- Full Case Name
- CHARLES A. SHEPHERST, PROSECUTOR v. BOROUGH OF AVON-BY-THE-SEA
- Cited By
- 1 case
- Status
- Published