Kennedy v. Warner
New York Supreme Court
Action for an injunction restraining tie State Commissioner of Excise and the comity treasurer of Broome county from proceeding to the plaintiff’s prejudice under a vote of the electors of the town of Union upon the question of local option.
1Opinion of the CourtSewell, J.
The plaintiff is the owner of a building in the town of Union, built and used for the purposes of a saloon and restaurant. On the 1st day of June, 1903', he leased it for a term of five years, conditioned that, if it should be voted during said term that the traffic in liquors should not be carried on or if the county treasurer should refuse to issue a liquor tax certificate so that the tenant could not legally carry on the traffic at that place, the tenant might terminate the lease.
At the regular town meeting held in the town of Union, in November, 1902, the four questions specified in…
2Cases cited1 opinion
- In re GetmanNew York Supreme Court · 1899