Cullinan v. Hosmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, .Patrick W. Oullinan, as State Commissioner of Excise of the State of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 2d day of July, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of June, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
' This action was brought to recover the penalty of an undertaking executed by the individual defendant as principal and by the guarantee company as surety upon the issue of a liquor tax certificate to the former as a duly licensed pharmacist.
It was and is claimed that the conditions of this undertaking were violated, first, by the permitting of gambling upon the premises occupied by the pharmacist, and, secondly, by the sale of liquor without the requisite prescription. The learned trial justice ruled as a matter of law against plaintiff’s contention upon the first proposition,…
2Cited by3 opinions
- In re CullinanAppellate Division of the Supreme Court of the State of New York · 1906
- Cullinan ex rel. Peck v. BeebeAppellate Division of the Supreme Court of the State of New York · 1906
- People v. SteinNew York Court of Special Session · 1913