People Ex Rel. Hope v. . Masterman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 10,1913, which affirmed an order of Special Term directing the defendant to issue a liquor tax certificate to the relator. The facts, as far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 10,1913, which affirmed an order of Special Term directing the defendant to issue a liquor tax certificate to the relator. The facts, as far as material, are stated in the opinion. The issuance of the certificate to the relator, upon the order of Mr. Justice Clark, was in violation of the provisions of the Liquor Tax Law (L. 1910, ch. 494, § 8, subd. 9). The county treasurer in the performance of his duty as a certificate issuing officer, was compelled to refuse to issue the…
1Opinion of the Court
Cullen, Ch. J.
In this case the county treasurer issued a liquor tax certificate to one Force to carry on the liquor business on certain premises in the town of Corning. Before the issue of the certificate the owners of the premises notified the county treasurer that Force had no lease of or interest in the premises, which was the fact, although Force had been negotiating for a lease, which negotiation fell through. Afterward one Hope obtained a lease of the premises and applied for a liquor tax certificate, which was refused because there' was a previous one outstanding. On certiorari an…
2Cases cited1 opinion
- People ex rel. Belden Club v. HilliardAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by10 opinions
- In re MarshallNew York Supreme Court · 1916
- People ex rel. Young v. ShultsAppellate Division of the Supreme Court of the State of New York · 1915
- Citizens Brewing Corp. v. LighthallNew York Supreme Court · 1916
- In re GreenAppellate Division of the Supreme Court of the State of New York · 1916
- McMahon v. HenkelNew York Supreme Court · 1915
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