In re the Petition of Cullinan
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Patrick W. Cullman, as State Commissioner of Excise, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of April, 1903, denying the petitioner’s motion to revoke and cancel liquor tax certificate No. 1,863, issued to Edward Davidoff and transferred to Henry Luca, and also from a judgment for costs against the appellant entered in said clerk’s office…
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Appeal by the petitioner, Patrick W. Cullman, as State Commissioner of Excise, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of April, 1903, denying the petitioner’s motion to revoke and cancel liquor tax certificate No. 1,863, issued to Edward Davidoff and transferred to Henry Luca, and also from a judgment for costs against the appellant entered in said clerk’s office on the 23d day of April, 1903, upon the above-mentioned order. ' „
1Opinion of the Court
Hibschberg, J.:
The .main question presented in this appeal is whether all the officers of the department of excise owe a duty of active vigilance to inform the prospective purchaser of a liquor tax certificate of any violation of law by the holder of such certificate of which any of the officers, State or local, may be aware. The certificate in question was issued to Edward DavidofE by the special deputy commissioner of excise for the borough of Brooklyn, designating certain premises in that borough as the place-where the traffic in liquor was to be carried oh, and during the time he was…
2Cases cited3 opinions
- People Ex Rel. Miller v. . LymanNew York Court of Appeals · 1898
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Seitz v. LymanAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- In re CullinanAppellate Division of the Supreme Court of the State of New York · 1905
- In re FarleyNew York Supreme Court · 1914