The Village of Stamford, Appellant v. John H. Fisher, Respondent

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the village ordinance prohibiting hawking and peddling did not apply to the defendant because his activity of delivering groceries to customers' homes was not the occupation of a peddler. The statute must be strictly construed and the plaintiff must show the defendant's occupation clearly falls within the prohibited class. Consequently, no penalty could be assessed.