Matter of Hawkins
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial dejiartment, entered September 21, 1900, affirming an order of Special Term revoking and canceling liquor tax certificate Ho. 12,271, issued to Thiel Brothers. The facts, so far as material, are stated in the opinion. The answer to the question was not such a false statement of a matter of fact as would justify a revocation of this certificate.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial dejiartment, entered September 21, 1900, affirming an order of Special Term revoking and canceling liquor tax certificate Ho. 12,271, issued to Thiel Brothers. The facts, so far as material, are stated in the opinion. The answer to the question was not such a false statement of a matter of fact as would justify a revocation of this certificate. (Matter of Kessler, 163 N. Y. 207.) It was the intention of the legislature, as is evidenced in the exception of subdivision 2, section 24 of the Liquor Tax Law,…
1Opinion of the CourtO’Brien, J.
This proceeding was instituted by a private citizen to revoke and cancel a liquor tax certificate. The facts upon which the application was based were agreed upon at the hearing and appear in the record.
In tlie month of April, 1894, the owner of certain premises in Buffalo leased them to a tenant. The lease was in writing and through various mesne assignments passed to the appellants, who procured the certificate in question. It is admitted that the liquor traffic was actually and lawfully carried on upon the premises on the 23d of March, 1896, and had been for a long timé prior thereto, and…
2Cases cited1 opinion
- Matter of KesslerNew York Court of Appeals · 1900
3Cited by14 opinions
- In re MoultonAppellate Division of the Supreme Court of the State of New York · 1901
- Matter of Farley v. . MillerNew York Court of Appeals · 1916
- People Ex Rel. Sandman v. . BrushNew York Court of Appeals · 1904
- In re Brewster, New York County Courts1903
- In re FarleyNew York Supreme Court · 1914
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