People v. Cram
New York Supreme Court
Marvin, Taggart and Mullett, Justices. The action is upon a joint and several bond in the penalty of $125, purporting to have been executed by the defendants to the plaintiffs, dated May 5, 1851. It was recited in the condition of the bond that Cram had applied to the commissioners of excise of the town of Lockport for a license to sell strong and spirituous liquors as a grocer. It contained the usual condition.
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Marvin, Taggart and Mullett, Justices. The action is upon a joint and several bond in the penalty of $125, purporting to have been executed by the defendants to the plaintiffs, dated May 5, 1851. It was recited in the condition of the bond that Cram had applied to the commissioners of excise of the town of Lockport for a license to sell strong and spirituous liquors as a grocer. It contained the usual condition. On the trial the plaintiffs proved the execution of the bond by defendant White, and that it was delivered to the commissioners on the day of its date, by a clerk in the employ of…
1Opinion of the Court
By the Court, Marvin, Justice.
The defendants’ counsel now insists that the action is not properly brought in the name of the People; that it should have been in the name of the overseers of the poor, or in the name of the supervisor of the town, or by the county superintendent of the poor. Various provisions of the Revised Statutes are cited. If this objection is well taken it is fatal to a recovery, and for that reason it may be taken upon the argument here, though it was not raised upon the trial. In my opinion the objection can not be sustained. The bond is given to the People of the state…
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