Farley v. Fischer — 145 N.Y.S. 1122

Majority

p. 1122

FARLEY, State Excise Com’r, Respondent, v. FISCHER et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

January 14, 1914.)

Headnote

Action by William W. Farley, as State Commissioner of Excise, against William F. Fischer and another.

Judgment and order reversed, and new trial granted, with costs to appellants to abide event. It was a question of fact as to whether the sale was a sale of liquor to be drunk on the premises. The court erred in unqualifiedly charging the jury that the plaintiff was entitled to recover if the liquor sold

p. 1123

was drunk on the premises; also in charging the jury as to what acts constitute a violation of the statute.

ROBSON, J., not sitting.