Legal Opinion

Lyman v. Mead

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

Decided December 7, 1990Published

Appeal from trial term. Action by Henry H. Lyman, as state commissioner of excise, against George H. Mead and another. From a judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtMerwin, J.

The plaintiff appeals from a judgment dismissing the complaint. The trial was before the court and a jury. The action is upon a bond given by the respondent upon the application by George H. Mead for a liquor-tax certificate. The bond is dated March 12, 1898, and the application and bond were filed and the certificate issued May 5, 1898. It is alleged in the complaint that, from the date of the issue of the certificate, Mead was engaged in the traffic in liquors, under and by virtue thereof, at the premises stated in the application. It was also alleged that in the application there were…

2Cases cited6 opinions

  1. Dillon v. . CockcroftNew York Court of Appeals · 1882
  2. Smith v. . WestonNew York Court of Appeals · 1899
  3. Tallapoosa Lumber Co. v. HolbertAppellate Division of the Supreme Court of the State of New York · 1896
  4. Prentice v. GoodrichAppellate Division of the Supreme Court of the State of New York · 1896
  5. Lyman v. SchermerhornAppellate Division of the Supreme Court of the State of New York · 1900

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