New York State Court of Claims, 1921

Brotherhood Wine Co. v. State

Brotherhood Wine Co. v. State
New York State Court of Claims · Decided May 15, 1921 · Corwin
115 Misc. 681

Counsel

Palmer & Series (Leslie Reid, of counsel), for claimant., Porter L. Merriman, Deputy Attorney-General, for state.

Brotherhood Wine Co. v. State

Opinion of the Court

Corwin, J.

The claimant, on June 27, 1918, paid a tax assessed against it pursuant to the provisions of section 9-a of the Liquor Tax Law (Laws of 1917, chap. 623), which tax it alleges ivas assessed at an *682amount in excess of that actually due. This claim is to recover the alleged excess.

The claim, if any, accrued on the date the tax was paid,- June 27, 1918. The notice of intention herein was filed March 5, 1919, more than six months after the accrual of the claim. This court is therefore without jurisdiction and the claim must be dismissed. Buckles v. State of New York, 221 N. Y. 418.

Ackebson, P. J., concurs.

Claim dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.