P. Ballantine & Sons v. Gulka

The opinion of the court was delivered by

Heher, J.

The question for decision is whether the vendor of a retail liquor business, holding a license under chapter 436 of the laws of 1933 (Pamph. L., p. 1180), as amended by chapter 85 of the laws of 1934 (Pamph. L., p. 218), is liable for the price of malt liquors sold by a wholesale liquor dealer to the vendee during his period of ownership and management, for resale in the continued conduct of the retail business, where the vendee was not licensed, but conducted the business “under the license issued to” the vendor.

The District Court judge,…