People ex rel. Happen Brewing Co. v. Clement

This is a mandamus proceeding to compel the payment of a rebate upon a surrendered liquor tax certificate under section 24 of the Liquor Tax Law. The certificate was issued to one Debold, by whom it has been assigned to the petitioner. The proceeding is based upon a contract between the licensee and the State, and petitioner has the burden of proving certain conditions precedent, including non-violation of the law during the year for which the license was issued. People ex rel. Munch Brewing Co. v. Clement, 117 App. Div. 539. Petitioner alleges this and the allegation is denied. This raises…