Order reversed, and motion for peremptory writ of mandamus granted on the authority of People v. Fabian (192 N. Y. 443), with costs in all courts; no opinion. Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Yann, Werner, Hiscock and Chase, JJ.
In the Matter of the Application of H. Koehler & Company, Appellant, for a Peremptory Writ of Mandamus against Maynard N. Clement, as Commissioner of Excise of the State of New York, Respondent
193 N.Y. 605
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