Cullinan v. Union Surety & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, The Union Surety and- Guaranty Company,. from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 23d day of July, 1902, upon the decision of the court rendered after a trial at the Oswego Trial Term before the court without. a jury, the case having been submitted upon an agreed statement of facts, and also from an order entered in said clerk’s office on the 8th day of August,…
Read the full summary
Appeal, by the defendant, The Union Surety and- Guaranty Company,. from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 23d day of July, 1902, upon the decision of the court rendered after a trial at the Oswego Trial Term before the court without. a jury, the case having been submitted upon an agreed statement of facts, and also from an order entered in said clerk’s office on the 8th day of August, 1902, denying the defendant’s motion for a new trial made upon the exceptions filed.
1Opinion of the Court
Spring, J.:
Plaintiff is the State Commissioner of Excise, and one of his depositaries was the City National Bank, of Buffalo.
The defendant, pursuant to section 13 of the Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1900, chap.' 367) became a surety for the bank, and the bond which it gave to the plaintiff contained this condition: “ Now, therefore, the condition of this obligation is such that if the above bounden, The City National Bank of Buffalo shall and will safely keep all such moneys that may be so deposited in or held by said Bank on deposit as aforesaid, and shall and…
2Cases cited1 opinion
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
3Cited by4 opinions
- Lipten v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Freeport Bank of Freeport v. ViemeisterAppellate Division of the Supreme Court of the State of New York · 1929
- Central Hanover Bank & Trust Co. v. MirrorNew York Supreme Court · 1935
- Yuni v. HerscovitzAppellate Division of the Supreme Court of the State of New York · 1942