Legal Opinion

Fanning's License

Superior Court of Pennsylvania

Decided December 19, 1903No. Appeal, No. 106PublishedCited by 17 opinions

Appeal, No. 106, Oct. T., 1903, by Thomas F. Fanning, from order of Q. S. Phila. Co., June Term, 1903, No. 106, refusing a liquor license in In re Application of Thomas F. Fanning. Application for a retail liquor license. Before Beitler and Barratt, JJ. The facts are stated in.the opinion of the Superior Court. Error assigned was the order of the court refusing the license.

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Appeal, No. 106, Oct. T., 1903, by Thomas F. Fanning, from order of Q. S. Phila. Co., June Term, 1903, No. 106, refusing a liquor license in In re Application of Thomas F. Fanning. Application for a retail liquor license. Before Beitler and Barratt, JJ. The facts are stated in.the opinion of the Superior Court. Error assigned was the order of the court refusing the license. The refusal of a license to sell liquor at retail for the reason that in the title deed to the premises for which the license is applied there is a restriction against the use of such premises as a saloon, is not a matter…

1Opinion of the Court

Opinion by

Morrison, J.,

Thomas F. Fanning filed his petition and bond for a retail liquor license in due legal form. To this application a remonstrance was filed, which in substance set up the following: “ That the said premises were conveyed to the applicant by deed from Charles Schaffer and wife, the deed bearing date the first day of August, 1896, and contained the following special restrictions, to which the said applicant agreed, viz: “ Under and subject to the further restriction that the said lot of ground or any part thereof, and any building thereon erected, or to be erected, shall…

2Cases cited2 opinions

  1. Cowell v. Springs Co.Supreme Court of the United States · 1879
  2. Petition of RaudenbuschSupreme Court of Pennsylvania · 1888

3Cited by17 opinions

  1. Spankard's Liquor License CaseSuperior Court of Pennsylvania · 1939
  2. Feitz EstateSupreme Court of Pennsylvania · 1961
  3. Cheris's Liquor License CaseSuperior Court of Pennsylvania · 1937
  4. Davidson v. City of Coral GablesDistrict Court of Appeal of Florida · 1960
  5. Mariner v. RohannaSupreme Court of Pennsylvania · 1952

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