Citizens Brewing Corp. v. Lighthall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Lighthall and another, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 11th day of December, 1916, restraining the defendant Lighthall from trafficking in liquors and commanding the appellants to deliver certain liquor tax certificates to the clerk of the court to be held and impounded by said clerk.
1Dissent
Kellogg, P. J. (dissenting):
The Liquor Tax Law creates certain property rights in a liquor tax certificate, and those rights are always subject to the provisions of that law. If we assume that the certificate is issued by a public official as a ministerial act, and that he must grant a certificate if the papers are regular, although a prior certificate exists as to the same premises, it must follow, where the quota of certificates in a city is full, that the second certificate is subject to all rights which the law gives to the first certificate and its holder. Recognizing that fact, the…
2Cases cited6 opinions
- In re FarleyAppellate Division of the Supreme Court of the State of New York · 1912
- Matter of FarleyNew York Court of Appeals · 1913
- In re FarleyAppellate Division of the Supreme Court of the State of New York · 1915
- In re MarshallNew York Supreme Court · 1916
- People ex rel. Young v. ShultsAppellate Division of the Supreme Court of the State of New York · 1915
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