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…
1Opinion of the Court
McLennan, J. :
The facts in this case are not in dispute, and are of such a character as to present the interesting question whether privileges which attach to real property by virtue of a statute may be destroyed or materially impaired without the knowledge or consent of the owner by the secret act of a tenant done in violation of his agreement of lease.
The premises in question, situate in Gasport, in the town of Royalton, Niagara county, N. Y., were owned by one Charles Hathaway prior to March 23, 1896, when the Liquor Tax Law (Laws of 1896, chap. 112), so called, went into effect, and until…
2Cases cited1 opinion
- Matter of KesslerNew York Court of Appeals · 1900
3Cited by3 opinions
- Matter of Farley v. . MillerNew York Court of Appeals · 1916
- In re SissonAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Petition of ClementNew York Supreme Court · 1907