Legal Opinion

In re Clement

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

Decided May 5, 1909PublishedCited by 1 opinion

Appeal by the petitioner, Maynard N. Clement, as State Commissioner of Excise, from an order of the County Court of Rensselaer county, entered in the office of the clerk of said county on the 18th day.of November, 1908, dismissing, the petition herein.

1Opinion of the Court

Sewell, J.:

The application was made under subdivision 2 of section 28 of the Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1908, chap. 350) to revoke and cancel a certificate upon the ground that material statements in the application of the holder of the certificate were false.

The petitioner alleged, “ That your petitioner is a citizen of the State of ■New York, and the duly appointed, qualified and acting . State Commissioner of Excise of the State of New York,” and the other facts upon which the application was based. The respondent interposed an answer to the petition in…

2Cases cited11 opinions

  1. Brown v. PiperSupreme Court of the United States · 1875
  2. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  3. Mulcahy v. BuckleyCalifornia Supreme Court · 1893
  4. Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
  5. Swinnerton v. . Columbian Insurance Co.New York Court of Appeals · 1867

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3Cited by1 opinion

  1. Metropolitan Life Insurance v. BehaAppellate Division of the Supreme Court of the State of New York · 1929

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