Hertwick

Hertwick v. Nat'l City

Good Law
102 Cal. 377·1894 Cal. LEXIS 653·36 P. 667
Supreme Court of CaliforniaMay 3, 1894No. 19221California619 words

Opinion

lead Opinion

Harrison, J.

The defendant passed an ordinance, September 21, 1387, requiring persons engaged in the business of selling intoxicating liquors at retail to procure a license therefor before engaging in the business, fixing the amount of the license tax at seventy-five dollars per month, and required that licenses should issue for a term of not less than three months. In March, 1888, the plaintiff applied for licenses to engage in said business in two different places within the corporate limits of the defendant, which were granted, and he paid therefor to the defendant the sum of four hundred and fifty dollars, and received licenses in the following form:

The plaintiff continued to carry on the business under said licenses until April 27, 1888, when the same were revoked by the board of trustees of the defendant, and the plaintiff thereupon ceased to transact said business; and on the 9th of May demanded a return of the money paid for the licenses. This payment was refused, and March 4, 1891, the plaintiff commenced this action, setting forth the above facts, and also that he had sustained certain damages resulting from the revocation of said licenses, and asking judgment against the defendant…

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