Bachmann-Bechtel Brewing Co. v. Gehl
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Bachmann-Bechtel Brewing Company, from an interlocutory judgment of the Supreme Court in favor of the defendant; entered in the office of the clerk of the county of Kings on the 20th day of June, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining a demurrer to the amended complaint.
1Opinion of the Court
Thomas, J.:
The appeal is from an order sustaining a demurrer to complaint in an action to replevin a liquor tax certificate assigned to plaintiff. The questions are: (1) May such an action be sustained; (2) if so, should the complaint allege that plaintiff is “not forbidden to traffic in liquors.” (Liquor Tax Law, § 26.) The plaintiff advanced $1,200 to the defendant to enable him to procure the certificate, for which the latter gave his note and assigned the certificate as collateral security.
The Liquor Tax Law (§ 26) provides in effect that the person to whom the certificate is issued may…
2Cases cited21 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- McAllister v. KuhnSupreme Court of the United States · 1878
- Murray v. BurlingNew York Supreme Court · 1813
- Niles v. Martin Mathusa & Hinckel Brewing Co.New York Court of Appeals · 1900
- Barnett v. . SellingNew York Court of Appeals · 1877
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3Cited by3 opinions
- Croker Fire Prevention Corp. v. JacobsAppellate Division of the Supreme Court of the State of New York · 1932
- JOURNEYMEN BARBERS, ETC., LOCAL 687 v. PollinoNew Jersey Superior Court Appellate Division · 1956
- Hipsley v. HipsleyAppellate Terms of the Supreme Court of New York · 1946