New York Supreme Court, 1904

In re Frey

In re Frey
New York Supreme Court · Decided January 2, 1904 · Scott
3 Liquor Tax Rep. 306

Counsel

Laurence G. Goodhart, Esq., attorney for petitioner., Herbert H. Kellogg, Esq., attorney for Special Deputy Commissioner.

In re Frey

Opinion of the Court

Scott, J.

The duty and responsibility of passing upon the sufficiency of sureties is cast by the law in the first instance upon the special deputy commissioner of excise. His determination thereon should not be overruled by the court, unless it be made to appear that his rejection of a surety has been unreasonable or capricious. I cannot find that it is either. I see no reason therefore for making any order in the premises.

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