Matter of Farley v. . Miller
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 10, 1915, which affirmed an order of Special Term revoking and canceling a liquor tax certificate. The facts, so far as material, are stated in the opinion. The answers to the' questions contained in the applications were as a matter of law true. The petitioner has shown no ground for revocation.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 10, 1915, which affirmed an order of Special Term revoking and canceling a liquor tax certificate. The facts, so far as material, are stated in the opinion. The answers to the' questions contained in the applications were as a matter of law true. The petitioner has shown no ground for revocation. (Matter of Kessler, 163 N. Y. 205; Matter of Hawkins, 165 N. Y. 191; Matter of Moulton,, 59 App. Div. 25; Matter of Loper, 53 App. Div. 516.) The county treasurer and the department of…
1ConcurrencePound, J.
I concur in the result on the sole ground that, under the rule laid down in Matter of Moulton (59 App. Div. 25; affd., 168 N. Y. 645), although the answers to questions No. 11 and No. 34 were false, applicant would have been entitled to his certificate if be had stated the facts correctly, and the statements were, therefore, immaterial.
Willard Bartlett, Ch. J., Hiscock, Chase and Seabury, JJ., concur with Collin, J., and Cardozo and Pound, JJ., concur in result in memorandum.
Orders reversed, etc.
2Cases cited2 opinions
- In re MoultonAppellate Division of the Supreme Court of the State of New York · 1901
- Matter of MoultonNew York Court of Appeals · 1901