Whitlock's License

Citations

• 39 Pa. Super. 34
• 1909 Pa. Super. LEXIS 434

Syllabus

<p>Bankruptcy — Assets—Liquor license — Transfer of license.</p> <p>1. A liquor license granted to a person after he has been adjudicated a bankrupt, belongs to him personally, and not to his receiver in bankruptcy, and the receiver has no right to sell such a license as an asset of the bankrupt's estate.</p> <p>Liquor laws — Transfer of license — Petition for transfer — Contents of petition.</p> <p>2. The granting a liquor license to the occupant of premises, owned by another, does not entitle the owner to demand, as a pure legal right, that the license be transferred to him upon the removal, whether voluntary or by compulsion, of the licensee from the premises. The application for the transfer in such a case is addressed to the sound legal discretion of the court of quarter sessions.</p> <p>3. Under the Acts of April 20, 1858, P. L. 365, June 15, 1897, P. L. 297, and May 17, 1901, P. L. 263, a petition for the transfer of a liquor license must set forth all the facts necessary under existing laws for original applications for liquor license. These three acts are in pari materia, and must be construed with reference to each other. If the facts are not set forth as provided by the seventh section of the act of April 20, 1858, the transfer will be refused.</p>