Legal Opinion

People ex rel. Duncan v. Clement

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1909PublishedCited by 2 opinions

Appeal by the relator, William H. Duncan, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 24th day of May, 1909, quashing a proceeding for a writ of mandamus to compel the payment of a rebate on a surrendered liquor tax certificate and dismissing the petition herein.

1Opinion of the Court

Clarke, J.:

The petitioner is .the assignee of one Amandus E. Bresler, to whom had been issued a liquor tax certificate. No. 3,726, by which said Bresler was authorized to traffic in liquor under subdivision 1 of section 11 of the Liquor Tax Law * at Mo. 2627 Third avenue, borough of The Bronx, city of Mew York, for the year ending April 30, 1907. The petition alleged that on or prior to the 26th day of June, 1906, said Bresler "and all persons holding under or through him voluntarily ceased to traffic in liquors during the term for which the tax was paid under such certificate, and that said…

2Cases cited4 opinions

  1. Cullinan v. BurkardAppellate Division of the Supreme Court of the State of New York · 1904
  2. People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
  3. People ex rel. A. Hupfel's Sons v. CullinanAppellate Division of the Supreme Court of the State of New York · 1904
  4. People ex rel. Brewery v. ClementAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by2 opinions

  1. People ex rel. J. & M. Haffen Brewing Co. v. ClementAppellate Division of the Supreme Court of the State of New York · 1910
  2. People ex rel. Duncan v. ClementAppellate Division of the Supreme Court of the State of New York · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API