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New York Supreme Court, 1902

In re Horner

In re Horner
New York Supreme Court · Decided August 21, 1902 · Hall
3 Liquor Tax Rep. 39

Counsel

Frank L. Mayliam, attorney for petitioner., Black, Olcott, Gruber £ Bonynge, attorneys for respondent., 3. 3. Kellogg, attorney for department.

In re Horner

Opinion of the Court

Hall, J.:

A careful examination of the testimony in this case, allowing full weight to all the evidence and exhibits offered by the respondent, in my opinion, brings it squarely within the doc*40trine laid down in Re Selmyler (63 App. Div. 206). The facts in the two cases are very similar. The petitioner is entitled to judgment revoking the certificate, with costs.

Settle form of judgment on notice.

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