Cullinan v. . Furthman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 16, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 16, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that the special agents who testified in this case “must not in any sense be treated as detectives ” and that “ their testimony is entitled to the same weight as that of other disinterested witnesses.” (Gullinan v. Trolley Club, 65…
1Opinion of the Court
Chase, J.:
This is an action upon a bond given pursuant to section 18 of the Liquor Tax Law (chapter 112, Laws of 1896, as amended by chapter 312, Laws of 1897, and chapter 486, Laws of 1903) by the defendant Furthman as principal, and the defendant company as surety.
The plaintiff alleges that the defendant Furthman violated the provisions of the bond by selling liquor on Sunday. On the trial the evidence of the plaintiff consisted of the testimony of two special agents of the state commissioner of excise, who testified that they went to the defendant Furthman’s saloon on Sunday, September…
2Cases cited1 opinion
- Cullinan v. . HarleyNew York Court of Appeals · 1902
3Cited by2 opinions
- Farley v. Bronx Bath & Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Clement v. BelangerAppellate Division of the Supreme Court of the State of New York · 1907