Matter of Peck v. . Cargill
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1901, affirming an order of Special Term revoking and canceling liquor tax certificate No. 25,679, issued to Norman B. Cargill. The facts, so far as material, are stated in the opinion. The petition being wholly upon information and belief, presented no legal evidence which justified the court in making the show cause order.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1901, affirming an order of Special Term revoking and canceling liquor tax certificate No. 25,679, issued to Norman B. Cargill. The facts, so far as material, are stated in the opinion. The petition being wholly upon information and belief, presented no legal evidence which justified the court in making the show cause order. (Roderigas v. E. R. S. Inst.; 76 N. Y. 323; Mowry v. Sanborn, 65 N. Y. 581; Martin v. Goss, 4 N. Y. Supp. 437; Campbell v. Morrison, 7 Paige, 157;…
1Opinion of the CourtO’Brien, J.
This is an appeal from an order which revoked and canceled a liquor tax certificate held by the appellant.
These certificates are-recognized by the statute under which they are issued as a species of property transferable from one to another. They are the evidencé of a right or privilege to carry on a certain kind of business, issued by the state to the individual, and hence a thing of pecuniary value. In this case the holder of the certificate has been deprived of it by the -order appealed from, which revoked and canceled it. This has been done on the ground' that- he was guilty of a…
2Cases cited11 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- People v. . SharpNew York Court of Appeals · 1887
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Murphy v. . JackNew York Court of Appeals · 1894
- The People v. . CourtneyNew York Court of Appeals · 1884
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3Cited by30 opinions
- People v. . RosenheimerNew York Court of Appeals · 1913
- People Ex Rel. Lewisohn v. . O'BrienNew York Court of Appeals · 1903
- Thompson v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1910
- Southbridge Finishing Co. v. GoldingNew York Supreme Court · 1955
- Matter of Farley v. . WurzNew York Court of Appeals · 1916
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