People ex rel. Brewery v. Clement
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant. -Maynard N.. Clement", as Commissioner, etc., from an order Of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York On the 6th- day of December, 1906,. granting a, peremptory writ of mandamus commanding him to prepare and ■execute orders -for the payment of a rebate, - upon the surrender of a certain liquor fax certificate.
1Opinion of the Court
Clarke, J.:
It appeared from the petition that the relator, the Ferdinand Munch Brewery, brought this proceédiñg as the assignee and attorney in-fact of Bosa Tubbiolo, to whom a'liquor tax'certificate issued to-Frances Gagliano had been-- transferred, to obtain a mandamus directing the State Commissioner of Excise to prepare and issue two .orders for the payment, of' the rebate claimed to be due upon' said liquor tax-certificate which had been surrendered. After setting up the formal facts, about which -there is no dispute, showing that the amount of the rebate for the nnexpired term- liad…
2Cases cited6 opinions
- People Ex Rel. Frank Brewery v. . CullinanNew York Court of Appeals · 1901
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. A. Hupfel's Sons v. CullinanAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People Ex Rel. David Stevenson Brewing Co. v. . CullinanNew York Court of Appeals · 1903
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3Cited by3 opinions
- People ex rel. Duncan v. ClementAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. J. & M. Haffen Brewing Co. v. ClementAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Happen Brewing Co. v. ClementNew York Supreme Court · 1910