In re Loper
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel Slattery and James J. Hammond, composing the firm of Slattery & Hammond, from an order of tlie Supreme Court, made at the Niagara Special Term and entered in the office of the clerk of the county of Niagara on the l-ttli day of March, 19U0, revoking the liquor tax certificate issued to them by the county treasurer of Niagara county.
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Appeal by the defendants, Daniel Slattery and James J. Hammond, composing the firm of Slattery & Hammond, from an order of tlie Supreme Court, made at the Niagara Special Term and entered in the office of the clerk of the county of Niagara on the l-ttli day of March, 19U0, revoking the liquor tax certificate issued to them by the county treasurer of Niagara county. The proceeding was commenced by petition dated February 21, 1900, under subdivision 2 of section 28 of chapter 112 of the Laws of 1896, passed March 23, 1896, as amended by Laws of 1897, chapter 312, to revoke and cancel a liquor…
1Dissent
Spring, J. (dissenting):
The salient facts in this proceeding are nncontroverted. John 0. Hathaway owned the premises in question on March 23,1896, when the Liquor Tax Law became operative, and they then contained a saloon in which the traffic of liquor was carried on. On April 29, 1899, Mary A. Knights, who was then the occupant of this saloon, obtained a certificate from the county treasurer authorizing her to continue the traffic, which she did without interruption until January 27, 1900, when she voluntarily surrendered the certificate to obtain the rebate, as it was by its terms effective…
2Cases cited8 opinions
- Niles v. Martin Mathusa & Hinckel Brewing Co.New York Court of Appeals · 1900
- Matter of KesslerNew York Court of Appeals · 1900
- People ex rel. Bagley v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1898
- In re BridgeAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Sweeney v. LammertsNew York Supreme Court · 1896
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