HOLMES v. CAVICCHIA


29 N.J. Super. 434 (1954)

102 A.2d 788

FLORENCE HOLMES AND ELWOOD HOLMES, TRADING AS RIVERVIEW INN, APPELLANTS, v. DOMINIC A. CAVICCHIA, DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL OF THE DEPARTMENT OF LAW AND PUBLIC SAFETY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1954.


Attorney(s) appearing for the Case

Mr. James M. Davis, Jr., argued the cause for the appellants.

Mr. Samuel B. Helfand, Deputy Attorney-General, argued the cause for the respondent (Mr. Theodore D. Parsons, Attorney-General, attorney).

Before Judges EASTWOOD, JAYNE and FRANCIS.


The opinion of the court was delivered by EASTWOOD, S.J.A.D.

In this appeal the appellants contend that the proofs failed to establish that the beverage sold to certain minors had sufficient alcoholic content as to bring the sales within the proscribed regulation.

There were admittedly six minors who visited the premises owned and operated by the appellants. Each of the minors testified that on the occasion in question he ordered from, was served by and paid...

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