Legal Opinion

Green v. Altenkirch

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1916PublishedCited by 5 opinions

Appeal by the plaintiff, George E. Green, from a judgment of the Supreme Court in favor of the defendant Max Altenkirch, who since the commencement of the action has died and whose administrator has been substituted as a party, entered in the office of the clerk of the county of' Queens on the 24th day of January, 1916, upon the verdict of a jury, and also from a judgment entered in said clerk’s office on the 1th day of February, 1916, in favor of the defendant United States…

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Appeal by the plaintiff, George E. Green, from a judgment of the Supreme Court in favor of the defendant Max Altenkirch, who since the commencement of the action has died and whose administrator has been substituted as a party, entered in the office of the clerk of the county of' Queens on the 24th day of January, 1916, upon the verdict of a jury, and also from a judgment entered in said clerk’s office on the 1th day of February, 1916, in favor of the defendant United States Fidelity and Guaranty Company, upon the same verdict, and also from an order entered in said clerk’s office on the 14th…

1Opinion of the Court

JEKKS, P. J.:

The State Commissioner of Excise sues principal and surety for a violation of their bond, in that the former permitted the certificated premises to become, be and remain disorderly. The question of the principal’s conduct was litigated and the jury found for the defendants. I think that we should not heed the plea that the verdict is contrary to the proof.

The plaintiff contends that the court committed certain reversible errors in rulings, of which only two deserve consideration.

1. The wife of the principal, who resided with him in the said premises, had alone been tried and…

2Cases cited9 opinions

  1. Coffey v. United StatesSupreme Court of the United States · 1886
  2. Stone v. United StatesSupreme Court of the United States · 1897
  3. People v. . FabianNew York Court of Appeals · 1908
  4. Sims v. . SimsNew York Court of Appeals · 1878
  5. People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re the Accounting of StanleyNew York Surrogate's Court · 1945
  2. Sanders v. SandersNew York Family Court · 1942
  3. In re the Estate of RechtschaffenNew York Surrogate's Court · 1937
  4. Loomis v. LoomisNew York Court of Appeals · 1942
  5. Walther v. News Syndicate Co.Appellate Division of the Supreme Court of the State of New York · 1949

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