Price v. Adalman

Marbury, C. J., delivered the opinion of the court. Three partners, trading as Terminal Distributing Company, sued Arthur B. Price, individually and trading as Carr’s Restaurant, and also trading as Carr’s Grill and Rotisserie, in the Baltimore City Court for $375.04 for beer and ale sold to Carr’s Restaurant, in the City of Baltimore. The suit was brought under the Speedy Judgment Act of Baltimore City, and in compliance with that act, the various itemized bills were filed. These run from April 30 to July 18,1942.

In the printed record each separate bill occupies a page, the total taking up 52 printed pages. Each bill is in the same form. All are alike, except for the dates, distinguishing numbers, and the items. There is no question about the amounts of these bills, and one of them would have given the court all the information pertinent to the issues in this case.

It is true they had to be filed with the declaration when the suit was brought, but that does not justify their inclusion in the printed record. They could have, and should have, been all omitted except one, and a statement attached to that one giving such information about the others as the parties desired. ³²² The defense to the action was that Price never traded under any of the names above set out, but was a stockholder, officer, and director of a corporation, known as Carr’s Grill, Inc., which purchased the beer, and therefore he was not individually liable. The corporation eventually went into bankruptcy. The case was tried without a jury.

A judgment was given for the plaintiff for the full amount, with counsel fee of $25. From this judgment the appeal was taken. It appears from the testimony that the plaintiff-appellees were selling Pabst beer, and the items included in the account, and for which the judgment was given, were sold to Carr’s Restaurant, located at 21 East North Avenue. The application made to the Board of Liquor License Commissioners of Baltimore City for a Class B beer and wine license for this location was made on March 18, 1942, by Price in his own name.

In that application he stated under oath that the trade name under which he would operate was Carr’s Grill. He stated that he was the owner of the business, and that no other person was in any way financially interested in the business. On the strength of that application a license was issued on April 9, 1942, to run until April 30, 1942, to Arthur B. Price for 21 East North Avenue.. Carr’s Grill, Inc., was incorporated on March 26 1942, by Raymond H. Carr, George Flentje, and Price.

These three were the officers and the stockholders were Carr and Price. Carr ran the business, and Price had nothing to do with its operation. The license had to be renewed on May 1, and Price made application for such renewal on April 10. This time he put in his application to which he made oath that the name of the licensee was Arthur B. Price and his trade name was Carr’s Grill, Inc. He further certified that the facts and information set forth in the application upon which the current license had been issued were unchanged.

The new application was made on a renewal form. Instruction four, attached to that form, states that if any of the facts other than age, or home residence, are changed it is necessary to apply for a license on an original application ³²³ form. On the strength of this renewal application, a new license for the year from May 1, 1942, was issued to Arthur B. Price (Carr’s Grill, Inc.). The provisions with respect to the issuance of licenses for the sale of alcoholic beverages are to be found in Article 2B of the Code.

It is provided by Sec. 2 of that Article that it shall be unlawful for any person to sell or keep on his premises for the purpose of sale any alcoholic beverage without a license or permit, with certain exceptions not applicable in this case. Sec. 29 provides that a license shall not be issued to a corporation as such, but if the application is made for a corporation, it shall be applied for and issued to three of the officers of such corporation as individuals for the use of the corporation. At least one of these individuals shall be a registered voter and taxpayer of the city. The application is required in such case to give other information about the corporation.

It is apparent from the record that neither license in this case was issued to the corporation, Carr’s Grill, Inc. Both were issued to the appellant. There is testimony on behalf of the sales manager of the appellees that he talked to the appellant and arranged with him to buy the beer, but this is not very conclusive, and it is quite vehemently denied by the appellant. It appears, however, that a printing concern issues a pamphlet showing a list of new licenses, transfer of licenses, and applications. This was subscribed to by the appellees, and in it they saw the record of the issuance of a license to Arthur B. Price, Carr’s Grill.

Thereupon they got in touch with Carr’s Grill in order to sell beer. They also went to the office of the Board of Liquor License Commissioners, when they started to do business with Carr’s Grill, to check on the license. The appellant’s explanation of the reason for getting a license in his own name was that when he made an application, he followed the instructions of the clerk of the Board of Liquor License Commissioners, who advised him that under no circumstances could a