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Matter of Lyman

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1899
44 App. Div. 507 (N.Y. App. Div. 1899)

Opinion

November Term, 1899.

W.E. Schenck, for the appellant.

Louis J. Somerville, for the respondent.


The only ground on which it was sought to have the respondent's license revoked was that he had violated the Excise Law in selling liquor to be drunk on the premises without a license or liquor tax certificate authorizing such sale. In Matter of Lyman ( 160 N.Y. 96) the Court of Appeals has held that a liquor tax certificate can be forfeited for a violation of law by the holder only upon conviction for such offense, and not in a summary investigation before a justice of this court or a magistrate. It follows that this proceeding cannot be maintained.

The order appealed from should be affirmed, with ten dollars costs and disbursements.

All concurred.

Order affirmed, with ten dollars costs and disbursements.


Summaries of

Matter of Lyman

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1899
44 App. Div. 507 (N.Y. App. Div. 1899)
Case details for

Matter of Lyman

Case Details

Full title:In the Matter of the Petition of HENRY H. LYMAN, State Commissioner of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1899

Citations

44 App. Div. 507 (N.Y. App. Div. 1899)
60 N.Y.S. 805

Citing Cases

Matter of Lyman

Matter of Campbell ( 46 App. Div. 634), which was decided on the opinion in Matter of Lyman ( 46 App. Div.…