People ex rel. Ernest Ochs, Inc. v. Hilliard
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Ernest Ochs, Incorporated, 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 15th day of April, 1902, denying the relator’s application for a peremptory writ of. mandamus and dismissing the alternative writ of mandamus theretofore allowed herein, and also from a judgment of the Supreme Court in favor of the respondent entered upon said order in said clerk’s…
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Appeal by the relator, Ernest Ochs, Incorporated, 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 15th day of April, 1902, denying the relator’s application for a peremptory writ of. mandamus and dismissing the alternative writ of mandamus theretofore allowed herein, and also from a judgment of the Supreme Court in favor of the respondent entered upon said order in said clerk’s office on the 9th day of May,-1902, for the costs of said proceeding.
1Opinion of the Court
Laughlin, J.:
The relator conducts a brewery. It advanced to Carl Schramek and Gustave Korn, who applied to the excise department for a liquor tax certificate, the amount necessary to pay the liquor tax and took an assignment of the certificate containing the usual power of attorney authorizing the brewery to surrender the certificate and *72receive any rebate to which the holders might become entitled. The saloon was destroyed by fire and was not rebuilt: The relator applied to the Commissioner of Excise for the cancellation of the certificate and for a rebate receipt which was refused, and this…
2Cases cited3 opinions
- People Ex Rel. Miller v. . LymanNew York Court of Appeals · 1898
- Lyman v. . SchermerhornNew York Court of Appeals · 1901
- People ex rel. Seitz v. LymanAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- H. Koehler & Co. v. ClementAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Laughran v. FlynnNew York Supreme Court · 1905
- People ex rel. Loughran v. FlynnAppellate Division of the Supreme Court of the State of New York · 1905