
    William W. Farley, as State Commissioner of Excise of the State of New York, Respondent, v. William F. Fischer and United States Guaranty Company, Appellants.
   Judgment and order reversed and new trial granted, with costs to appellants to abide event. Held, that it was a question of fact as to whether the sale was a sale of liquor to be drunk on the premises; that the court erred in unqualifiedly charging the jury that the plaintiff was entitled to recover if the liquor sold was drunk on the premises; also in charging the jury as to what acts constitute a violation of the statute. All concurred; Robson, J., not sitting. 
      
       Liquor Tax Law (Consol. Laws, chap. 34; Laws of 1909, chap. 39).— [Rep.
     