People ex rel. Sons v. Cullinan

New York Supreme Court

People ex rel. Sons v. Cullinan

3 Liquor Tax Rep. 325

DecidedApril 12, 1904

StatusPublished

This text of 3 Liquor Tax Rep. 325 (People ex rel. Sons v. Cullinan) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Sons v. Cullinan, 3 Liquor Tax Rep. 325 (N.Y. Super. Ct. 1904).

Pincite

Opinion

Truax, J.:

I am of the opinion that it was the intention of the Legislature to give the holder of a liquor license the absolute right to apply for a rebate unless there was at the time of the surrender of the license some indictment, complaint, prosecution, action or other proceeding against the holder for a violation of the License Law, and that the rebate was to be paid in every case unless the same was forfeited by proceedings under the provisions of section 25 of the Act. » After the State" Commissioner has received the surrender of the license, the Act gives him a reasonable time within which to commence an action or proceeding to cancel the certificate and establish a forfeiture. The Legislature did not intend that the holder of the license must establish the fact that he had not been guilty of any violation of the Act through his agents or servants, before he can surrender the certificate and obtain a rebate.

Let a peremptory writ issue. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Truax, J.:

I am of the opinion that it was the intention of the Legislature to give the holder of a liquor license the absolute right to apply for a rebate unless there was at the time of the surrender of the license some indictment, complaint, prosecution, action or other proceeding against the holder for a violation of the License Law, and that the rebate was to be paid in every case unless the same was forfeited by proceedings under the provisions of section 25 of the Act. » After the State" Commissioner has received the surrender of the license, the Act gives him a reasonable time within which to commence an action or proceeding to cancel the certificate and establish a forfeiture. The Legislature did not intend that the holder of the license must establish the fact that he had not been guilty of any violation of the Act through his agents or servants, before he can surrender the certificate and obtain a rebate.

Let a peremptory writ issue. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

3 Liquor Tax Rep. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-sons-v-cullinan-nysupct-1904.