People ex rel. Lyman v. American Surety Co.

Watson M. Rogers, Referee:

This action was begun March 8, 1897, and is to recover upon a bond filed with the County Treasurer of Onondaga county, pursuant to section 18 of the Liquor Tax Law — the holder of the liquor tax certificate having suffered his premises to become disorderly, contrary to one of the conditions of the bond. The party plaintiff is designated in the title of the action “ The People of the State of Hew York ex rel. Henry H. Lyman, State Commissioner of Excise.”

The answer of the defendant American Surety Company sets up a defect in the party plaintiff, that the bond was made…