Legal Opinion

Matter of Farley v. . Miller

New York Court of Appeals

Decided January 4, 1916PublishedCited by 4 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 10, 1915, which affirmed an order of Special Term revoking and canceling a liquor tax certificate. The facts, so far as material, are stated in the opinion. The answers to the' questions contained in the applications were as a matter of law true. The petitioner has shown no ground for revocation.

Read the full summary

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 10, 1915, which affirmed an order of Special Term revoking and canceling a liquor tax certificate. The facts, so far as material, are stated in the opinion. The answers to the' questions contained in the applications were as a matter of law true. The petitioner has shown no ground for revocation. (Matter of Kessler, 163 N. Y. 205; Matter of Hawkins, 165 N. Y. 191; Matter of Moulton,, 59 App. Div. 25; Matter of Loper, 53 App. Div. 516.) The county treasurer and the department of…

1Opinion of the CourtCollin, J.

The certificate in question was issued for the premises No. 196 North Water street of the city of Poughkeepsie, Dutchess county. The application of Joseph H. Miller, on which the certificate was obtained, contained the following questions and answers among others: “11. Since what date have said premises been continuously occupied for such traffic in liquors ? Since October first, 1908.” “ 34. Has a notice of abandonment of such traffic at said premises, pursuant to the provisions of section 8 of the Liquor Tax Law, been heretofore filed ? No,” and the statement that he might “lawfully carry…

2Cases cited11 opinions

  1. Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
  2. Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
  3. Miller v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1887
  4. Malleable Iron Works v. Phœnix InsuranceSupreme Court of Connecticut · 1857
  5. Ala. Gold Life Insurance v. GarnerSupreme Court of Alabama · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. MATTER OF HACKER v. State Liq. Auth.New York Court of Appeals · 1967
  2. In re GreenAppellate Division of the Supreme Court of the State of New York · 1916
  3. Brunner v. Diogenes Brewing Co.New York Supreme Court · 1916
  4. Hacker v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1964

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

Powered by the Exa API