
    CITY COURT OF NEW YORK —GENERAL TERM,
    MARCH, 1895.
    Herman A. Wolf and Augusta A. Wolf, Respondents, v. Robert Parke, Appellant.
    Appeal from an -Order made at Special Term denying, a motion by the receiver of the defendant to compel the latter, to deliver over his -excise license. ■ - ",
    
      J. Offenbach, for appellant.
    • Fromme Brothers, for respondents.
   Ehrlich, Ch. J.

The proofs show that the excise license which the receiver desired the defendant to-transfer was not owned by him, but by the Henry Elias Brewing Company, which corporation paid, the fee to obtain it and embraced it in a mortgage held by it.

The application below, therefore, wás properly denied, and the orderx appealed from must be affirmed,, with costs.

Newburger and Vah Wyck, JJ., concur.

Order affirmed, with costs.  