Wolongevicz v. Stegmaier Brewing Co.

Citations

• 60 Pa. Super. 352
• 1915 Pa. Super. LEXIS 196

Syllabus

<p>Liquor law — Transfer of license — Payment of transferer’s debts —Rule of court — Husband and wife.</p> <p>Where a wife who owns the real estate on which her husband conducts as licensee a retail liquor business, agrees to sell the land under an oral contract that the grantee is not to pay the purchase-money until the license is transferred to him, the Court of Quarter Sessions has no jurisdiction in granting the petition to transfer, to direct without the knowledge of, and against the consent of the wife, that a portion of the purchase-money shall be retained to pay the debts of her husband to certain brewing companies; and this is the case although a rule of the Quarter Sessions provided that no transfer of a liquor license should be allowed until provision had been made for the payment of debts contracted under the license.</p> <p>Where in such a case the money retained by the purchaser has been .paid into court, the Quarter Sessions has no jurisdiction to award a feigned issue between the wife and the brewing companies to determine the ownership' of the fund.</p>