Rubenstein v. Kahn
New York Court of Common Pleas
Appeal from fifth district court. Action by Samuel Eubenstein against Abraham Kahn to recover the sum agreed to he paid on the sale and transfer of an excise license with the approval of the hoard of excise. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtBischoff, J.
While, as a general rule, a license issued by state or municipal authority for the sale of beer, wines, and spirituous liquors involves the granting of a mere personal privilege, depending upon the licensee’s possession of the prescribed qualifications, and so is incapable of assignment and of barter and sale, (13 Amer. & Eng. Enc. Law, p. 514; Myer, Vested Rights, § 1356; Board of Excise v. Barrie, 34 N. Y. 657,) the existing excise laws of this state distinctly grant and recognize the licensee’s right to sell and transfer his license to another, subject to the approval of the board of…
2Cases cited1 opinion
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
3Cited by1 opinion
- Fleming v. RyanNew York Court of Common Pleas · 1894