Legal Opinion

American Surety Co. v. State ex rel. Holtam

Indiana Court of Appeals

Decided December 15, 1909No. 6,611Published

From Superior Court of Tippecanoe County; Henry H. Vinton, Judge. Action by The State of Indiana, on relation of Laurella V. Holtam, against the American Surety Company of New York. From a judgment for plaintiff, defendant appeals.

1Opinion

On Petition for Rehearing.

Rabb, J.

1. Appellant earnestly insists in its petition for rehearing in this case that this court is in error in holding that a cause of action upon the bond of a licensed retail liquor dealer, accruing under the civil liability clause of our temperance laws, to the wife and children for injury to their means of support, caused by. the unlawful sale of liquor to the husband and father, whereby his life is lost, does not abate with the death of the liquor seller, that a rehearing should be granted in this case, this question reconsidered, and the case of State, ex…

2Cases cited14 opinions

  1. Hyatt v. AdamsMichigan Supreme Court · 1867
  2. Long v. MorrisonIndiana Supreme Court · 1860
  3. Mead v. . StrattonNew York Court of Appeals · 1882
  4. Schroder v. CrawfordIllinois Supreme Court · 1880
  5. Roose v. PerkinsNebraska Supreme Court · 1879

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