In re Mundy

New York Court of General Session of the Peace

In re Mundy

51 A. 605, 19 Del. 282, 3 Penne. 282, 1901 Del. LEXIS 28

CourtNew York Court of General Session of the Peace

DecidedJune 7, 1901

StatusPublished

This text of 51 A. 605 (In re Mundy) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Mundy, 51 A. 605, 19 Del. 282, 3 Penne. 282, 1901 Del. LEXIS 28 (N.Y. Super. Ct. 1901).

Pincite

Opinion

Mr. Prichett contended that under Rev. Code, If.ll, Section 8, an applicant who had a retailer’s license as a hotel keeper could not have combined with the same a wholesale license to sell intoxicating liquors.

Mr. Ball claimed that the Court had theretofore granted wholesale licenses under similar circumstances.

Lore, C. J.:

We have never heretofore had this question brought before us in this shape. Where such licenses have been granted they have come before us without objection as bona fide retailers of goods, wares and merchandise. The kind has never been inquired into, nor objected to. Here comes a person not claiming to be such, but a hotel keeper, and asks to combine the two—hotel keeping and wholesale liquor selling.

We refuse to grant this license, on the ground that the law does not contemplate the blending of the two lines of business named.

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Mr. Prichett contended that under Rev. Code, If.ll, Section 8, an applicant who had a retailer’s license as a hotel keeper could not have combined with the same a wholesale license to sell intoxicating liquors.

Mr. Ball claimed that the Court had theretofore granted wholesale licenses under similar circumstances.

Lore, C. J.:

We have never heretofore had this question brought before us in this shape. Where such licenses have been granted they have come before us without objection as bona fide retailers of goods, wares and merchandise. The kind has never been inquired into, nor objected to. Here comes a person not claiming to be such, but a hotel keeper, and asks to combine the two—hotel keeping and wholesale liquor selling.

We refuse to grant this license, on the ground that the law does not contemplate the blending of the two lines of business named.

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Bluebook (online)

51 A. 605, 19 Del. 282, 3 Penne. 282, 1901 Del. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mundy-nygensess-1901.