Gubin v. City of New York

Pette, J..This is an action to recover the unearned portion of a fifteen-dollar fee paid by plaintiff to the department of health for a temporary permit to sell beer and light wines following the amendment to the Volstead Act and prior to the repeal of the Eighteenth Amendment.

Upon the payment of the fee, on April 27, 1933, the health department issued to plaintiff a permit the substantial portions of which are as follows: “ Temporary Permit. Received from Selma Gubin, Owner-Applicant, the sum of Fifteen Dollars, in payment of fee for a temporary permit to sell Beer and Light Wines in…