Corson v. Maryland

[Statement of Case from pages 503-505 intentionally omitted]

S. Teakle Wallis and H. D. Loney, for plaintiff in error.

C. B. Roberts and C. J. M. Gwinn, for defendant in error.

BRADLEY, J.

This case does not differ materially from that of Robbins v. Taxing Dist. Shelby Co., ante, 592, (just decided.) The Code o Maryland, as amended in 1880, provides that 'no person or corporation other than the grower, maker, or manufacturer shall barter or sell, or otherwise dispose of, or shall offer for sale, any goods, chattels, wares, or merchandise within this state, without first obtaining a license in the manner herein prescribed.' A violation of this law was made an indictable offense; and the plaintiff in error, a citizen and resident of New York, was indicted for offering to sell, and for selling by sample, in the city of Baltimore, without license, certain goods for a New York firm, to be shipped from New York directly to the purchaser. The plaintiff in error demurred to the indictment, but it was sustained both by the court of original jurisdiction and by the court of appeals of Maryland on writ of error. The constitutionality of the law was duly raised, and the law was sustained. The same principles apply to this case which were considered in that of Robbins, and the same result must be declared.

The judgment of the court of appeals of Maryland is reversed, and the plaintiff in error must be discharged.

WAITE, C. J., (concurring.)