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· 7/26/1900

Brewing Company's License

Citations

  • 14 Pa. Super. 188
  • 1900 Pa. Super. LEXIS 33

Syllabus

<p>Liquor law — Corporation—License for place other than that of manufacturer.</p> <p>A corporation authorized by the laws of Pennsylvania to engage in the brewing business may be granted a license to sell its product as a wholesale dealer at a location not the place of manufacture; and this despite the fact that it may have a similar license in another county.</p> <p>Liquor license — Corporation—Place of birth, etc., of directors.</p> <p>Where the applicant for a wholesale license is a corporation the act does not make it an essential prerequisite that the petition set forth the place of birth of the directors or stockholders, and, if naturalized oitizens, the time and place of naturalization.</p> <p>Liquor law — Estoppel—Evidence dehors the record.</p> <p>In an application for liquor license allegations of fact being dependent on evidence outside the record and the evidence given on the hearing of such eases not being brought up for review, it will be assumed by the appellate court that the court below determined the question of fact correctly where the record shows that the order granting or refusing a license was made after hearing at a time fixed by rule or standing order, the presumption is that the order was made in the exercise of a sound judicial discretion and not arbitrarily, and this presumption cannot be rebutted on appeal by an argument from evidence, not on the record, that the court ought to have reached a different conclusion.</p> <p>Practice, Q. S__Liquor law — Affidavit to petition — Whereto be made.</p> <p>The affidavit- to the petition for a license, in the absence of any standing order or rule, is not required by law to be made before an officer residing in the county. If the legislature had intended this to be essential they would have said so in unmistakable terms and not left it to doubtful inference.</p>

Judges: Babkeb, Beaveb, Cueiam, Oblady, Pobteb, Rice

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