Suss v. Farley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William W. Farley, as State Commissioner of Excise, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of May, 1914, upon the decision of the court after a trial at the Kings County Special Term. The judgment permanently enjoined the defendant from removing a liquor tax certificate issued to the plaintiff.
1Opinion of the Court
Thomas, J.:
The plaintiff’s servant was convicted of selling his master’s liquor on Sunday, and before he was arraigned therefor in the Magistrate’s Court he repeated the offense, and such proceedings were had that on March twenty-seventh thereafter he was separately tried for each offense and convicted thereof in the Court of Special Sessions. The plaintiff asserts that the two convictions on the same day do not operate to forfeit the liquor tax certificate pursuant to the Liquor Tax Law (Consol. Laws, chap. 34 [Laws of 1909, chap. '39], § 36, subd. 3, as amd. by Laws of 1910, chap. 485).…
2Cited by8 opinions
- Schnitzler v. YellowleyDistrict Court, E.D. New York · 1923
- People ex rel. Plattner v. Warden of the State PrisonNew York Supreme Court · 1918
- Schneider v. FarleyAppellate Division of the Supreme Court of the State of New York · 1914
- Schneider v. FarleyAppellate Division of the Supreme Court of the State of New York · 1915
- Schneider v. FarleyAppellate Division of the Supreme Court of the State of New York · 1915
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