Bartholomay Brewery Co. v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hugh J. O’Brien, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 8th day of July, 1914, adjudging him guilty of contempt of court.
1Dissent
Lambert, J. (dissenting):
I dissent. The action underlying these proceedings is equitable in character and seeks the foreclosure of an equitable lien upon a certain liquor tax certificate issued to the defendant Dennis O’Brien. The rights of the plaintiff in connection with such certificate are controlled by an assignment thereof, coupled with a power of attorney such as have become quite common since the enactment of the so-called “Batió Law.”. (Liquor Tax Law [Consol. Laws, chap. 34; Laws of 1909, chap. 39], § 8, subd. 9, added by Laws of 1910, chap. 494, as amd. by Laws of 1911, chap. 298.)*
2Cases cited6 opinions
- Greite v. HendricksNew York Supreme Court · 1893
- People Ex Rel. Hope v. . MastermanNew York Court of Appeals · 1913
- Dollard v. KoronskyNew York Supreme Court · 1910
- Dollard v. . KoronskyNew York Court of Appeals · 1910
- Dollard v. KoronskyAppellate Division of the Supreme Court of the State of New York · 1910
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