Farley v. Patterson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James F. Patterson and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 19th day of August, 1914, upon the decision of the court, a jury having been waived, and also from an order entered in said clerk’s office on the 10th day of September, 1914, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
This action is brought against the principal and his surety to recover the penalty of a liquor tax bond for breach of the condition that the principal will not violate any of the provisions of that law. The bond provided that an action for its breach might be brought without any previous conviction or prosecution of the principal.
The only evidence tending to show a "breach of the bond was a judgment convicting the defendant Patterson of a violation of the Liquor Tax Law. The defendants severally objected that said conviction was not evidence against them, and severally moved for a…
2Cases cited3 opinions
- Berry v. SchaadAppellate Division of the Supreme Court of the State of New York · 1900
- Miano v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Mulry v. EckersonAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by7 opinions
- Emich Motors Corp. v. General Motors Corp.Supreme Court of the United States · 1951
- In re the Accounting of StanleyNew York Surrogate's Court · 1945
- Ronald H. Glantz and Anthony J. Bucci v. United States of AmericaCourt of Appeals for the First Circuit · 1988
- In re the Estate of GellisNew York Surrogate's Court · 1931
- Ohio Casualty Insurance Co. v. Kentucky Natural Resources & Environmental Protection CabinetCourt of Appeals of Kentucky · 1986
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