McNeeley v. . Welz
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The chattel mortgage did not cover the liquor tax certificate. A liquor tax certificate is not a license, and, therefore, not a .renewal of a license.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The chattel mortgage did not cover the liquor tax certificate. A liquor tax certificate is not a license, and, therefore, not a .renewal of a license. (Niles v. Mathusa, 162 N. Y. 549.) The chattel mortgage was void as to the appealing defendants herein and, therefore,…
1Opinion of the CourtYann, J.
On the 15th of May, 1896, the defendant Emil Schiellien borrowed $2,200 of the plaintiff, and to secure the payment thereof gave him a chattel mortgage upon his furniture and bar fixtures, “ together with all ” his “ right, title and interest to a license to sell beer or to a renewal thereof.” On the 23rd of June, 1896, Schiellien obtained from the defendant Henry W. Michell, who was then special deputy commissioner of excise for the county of Kings, a liquor tax certificate under the Liquor Tax Law, which went into effect on the 23rd of March, 1896. (L. 1896,.ch. 112, § 45.) When said…
2Cases cited6 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Kribbs v. . AlfordNew York Court of Appeals · 1890
- Niles v. Martin Mathusa & Hinckel Brewing Co.New York Court of Appeals · 1900
- Bogert v. PerryCourt for the Trial of Impeachments and Correction of Errors · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Empire Lighting Fixture Co. v. Practical Lighting Fixture Co.Court of Appeals for the Second Circuit · 1927
- Commission for Polish Relief, Ltd. v. Banca Nationala a RumanieiNew York Court of Appeals · 1942
- Miller v. EhrlichCourt of Appeals for the Second Circuit · 1929
- In re Silver Cup Bar & Grill, Inc.District Court, S.D. New York · 1942
- Bayer v. DoscherAppellate Division of the Supreme Court of the State of New York · 1910
6 more not listed; retrieve them via the Exa API.