Legal Opinion

Matter of Farley

New York Court of Appeals

Decided November 10, 1914PublishedCited by 4 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 11, 1914, which reversed an order of Special Term revoking and canceling a liquor tax certificate. The facts, so far as material, are stated in the opinion. The consents signed by Anna Carroll and Joseph Carroll, infants, are not valid and binding.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 11, 1914, which reversed an order of Special Term revoking and canceling a liquor tax certificate. The facts, so far as material, are stated in the opinion. The consents signed by Anna Carroll and Joseph Carroll, infants, are not valid and binding. (People v. Griesback, 211 Ill. 35; Thompson v. Egan, 97 N. W. Rep. 247.) An infant can neither himself, nor through any power which such infant confers upon another, give consent for the traffic in liquor. (People v. Griesback, 211…

1Opinion of the CourtHiscock, J.

Application was made to the deputy commissioner of excise of the county of Onondaga for the transfer to respondent and to new premises of a liquor tax certificate theretofore issued to another person. The transfer was made by the commissioner and later this proceeding was instituted to have such certificate canceled, on the ground that respondent’s application for the issue of the certificate to her falsely stated that she had secured the requisite number of consents to the prosecution of said business in the new location.

The Liquor Tax Law (Consol. Laws, ch. 34, section 15, subd. 8, as…

2Cases cited1 opinion

  1. People v. GriesbachIllinois Supreme Court · 1904

3Cited by4 opinions

  1. Kaufman v. American Youth Hostels, Inc.New York Supreme Court · 1957
  2. Bush v. ArrowoodSupreme Court of Minnesota · 1972
  3. Carmen v. Fox Film Corp.District Court, S.D. New York · 1919
  4. In re the Estate of PetersNew York Surrogate's Court · 1972

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