Legal Opinion

Bartholomay Brewery Co. v. O'Brien

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1916PublishedCited by 11 opinions

Appeal by the defendant, Hugh J. O’Brien, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 8th day of July, 1914, adjudging him guilty of contempt of court.

1Opinion of the Court

Merrell, J.:

This action was to establish a hen and foreclose the same upon a liquor tax certificate issued to the defendant Dennis O’Brien. The premises where traffic was to he carried on were situated at 10% Bronson avenue in the city of Rochester, and were owned by the defendant Carroll. Carroll leased to the plaintiff for a five-year term, and the plaintiff sublet to the defendant Dennis O’Brien, and placed the latter in charge of the traffic in liquors on said premises. The usual agreement taken by brewery companies with a power of attorney back was entered into in this case. It is…

2Cases cited2 opinions

  1. King v. . BarnesNew York Court of Appeals · 1889
  2. Greite v. HendricksNew York Supreme Court · 1893

3Cited by11 opinions

  1. Rosin v. Superior CourtCalifornia Court of Appeal · 1960
  2. Falloon v. Superior CourtCalifornia Court of Appeal · 1926
  3. Nicodemus v. CommissionerUnited States Board of Tax Appeals · 1932
  4. Rudnick v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1954
  5. Miller v. SmerkinsAppellate Division of the Supreme Court of the State of New York · 1935

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