Majority
p. 361David Mayer Brewing Company, App’lt, v. Angelo Rizzo, Resp’t. (New York City Court, General Term, Filed June 25, 1895.)
Headnote
Supplementary proceedings — Receiver—Property.A judgment debtor will not be required to assign a liquor license to a receiver in supplementary proceedings, where he had previously, for a good consideration and in good faith, assigned it to another person.
Appeal from an order, denying an application to compel at judgment debtor to assign a liquor license to a receiver in supplementary proceedings.
J. Bradley Tanner, for app’lt; Davis & Kaufman, for resp’t.
— This is an appeal from an order denying a motion, to compel a judgment debtor to assign a liquor license to a receiver appointed in supplementary proceedings. It appears from the record that the judgment debtor, prior and down to March. 19, 1894, was carrying on a liquor business at No. 70 Crosby street, in the city of New York, and that he had a liquor license therefor; that on said 19th day of March, 1894, for what appears to be a good and valuable consideration, he assigned and mortgaged the license he then had, and such others as might be issued to him, to the India Wharf Brewing Company, a corporation do
p. 362
ing business in this state. In April, 1895, an application was made to compel the judgment debtor to assign his license to a receiver appointed in supplementary proceedings March 19, 1895. The assignment of mortgage covering the license in question to the India Wharf Brewing Company is not claimed to be fraudulent, or wanting in consideration, nor was it contended that the consideration for said assignment or mortgage had been paid. An assignment, therefore, by the judgment debtor, would have been an idle formality. The receiver can proceed to acquire the licensed business of the judgment debtor under chapter 480, Laws 1893, section 26, which was enacted to cover cases similar to the one before us.
Order appealed from affirmed, with costs.