150 Mass. 389 | Mass. | 1890
In the Pub. Sts. c. 100, § 5, it is provided that a license to sell intoxicating liquors “ shall name the person licensed.” Whether a license to a partnership is sufficient, if made in the name of the firm, it is unnecessary in this case to decide. It is clear that the license to “ J. F. Bearce and Son ” did not sufficiently name any one but J. F. Bearce, unless he was a member of a firm doing business as “ J. F. Bearce ancl Son.” If the license was in form a proper license to a partnership, and would protect both the partners, it was unnecessary to give notice of the hearing to be had upon an application to revoke it to more than one member of the firm. For it was not a license to two persons as individuals. It was a license to a firm as a single party comprising two persons; and notice to either was notice to the firm. If there was no such partnership as “ J. F. Bearce and Son,” or if a license to a firm must name all the partners, no one but J. F. Bearce was sufficiently named in the license, and notice of the proceedings for revocation was to be given to him alone.
We think the license was legally revoked. We have already considered the notice of the hearing. The petition to the dis
We are of opinion that the district court might well find that in the notices there was not such a particular description of the premises on which the licenses were to be exercised as the statute contemplates, and that the names of the applicants, who purported to be two persons, were not set forth in full, in accordance with the requirement of the statute.
Exceptions overruled.