In re Cullinan
Appellate Division of the Supreme Court of the State of New York
Appeal by Schmitt & Schwanenfluegel from an order oí the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New. York on the 18th day of February, 1904, denying the appellant’s motion for leave to intervene in the above-entitled proceeding and defend the same.
1Opinion of the Court
McLaughlin, J.:
This is an appeal from an order denying a motion to intervene and defend a proceeding instituted to cancel a liquor tax certificate.
On the 30th of April, 1903, a liquor tax certificate was issued to Nicolino Santoro, authorizing him for a period of one year from that date to traffic in liquors at No. 24 Marion street, borough of Manhattan. Santoro borrowed from Schmitt & Schwanenfluegel $1,200 with which to pay the excise tax, and to secure the payment of which he assigned to it the liquor tax certificate and all róbate that might become due thereon upon a surrender thereof.
Acco…
2Cases cited1 opinion
- People v. DuranteAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- In re JenningsAppellate Division of the Supreme Court of the State of New York · 1909
- Clement v. Viscosi, New York County Courts1909
- In re ClementNew York Supreme Court · 1907