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Matter of Clement

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1908
127 App. Div. 942 (N.Y. App. Div. 1908)

Opinion

July, 1908.


The order should be reversed, with costs, and an order made revoking and canceling the liquor tax certificate, with thirty dollars costs. The reason alleged for taking away respondent's certificate was that he sold liquor on Sunday contrary to law. The sales were testified to by four witnesses, special excise agents of the State. There seemed to be no doubt as to the sales of liquor, but it was claimed the service of the liquor was in connection with genuine meals ordered by and served to the witnesses. The evidence given in behalf of defendant to sustain this claim was very unsatisfactory, and in our judgment entirely failed to overcome the evidence given by the petitioner's four witnesses. These men knew what the truth was. They went to defendant's place for the express purpose of ascertaining whether he was violating the law. They could not be mistaken as to the evidence they gave, and if it was untrue they were guilty of deliberate perjury. They were performing a duty as State agents, were under no obligation to testify to anything that was untrue, and we cannot believe the evidence they gave in this proceeding was untrue. We do not regard it as necessary to enter upon an analysis of the evidence given for defendant, but a careful reading of it fails to throw any doubt upon the evidence given for petitioners. This being so, we cannot permit this order to stand. The Liquor Tax Law must be enforced, and the courts should not permit any flimsy pretexts to prevent the revocation of licenses that have been violated. We think this a case where even the apparently well-considered determination of the Special Term should be reversed, and an order substituted which is in accord with the truth. All concurred. Order reversed, with costs, and order directed revoking and canceling liquor tax certificate, with thirty dollars costs.


Summaries of

Matter of Clement

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1908
127 App. Div. 942 (N.Y. App. Div. 1908)
Case details for

Matter of Clement

Case Details

Full title:In the Matter of the Petition of MAYNARD N. CLEMENT, as State Commissioner…

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

Date published: Jul 1, 1908

Citations

127 App. Div. 942 (N.Y. App. Div. 1908)