Cullinan v. Benson
Appellate Division of the Supreme Court of the State of New York
This is an action brought under section 18 of the Liquor Tax Law for the full penalty of a liquor tax bond. The court directed a verdict in favor of the plaintiff. The evidence being conflicting on every material question in the case, the court erred in directing a verdict for the plaintiff. (McDonald v. Metropolitan Ry.
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This is an action brought under section 18 of the Liquor Tax Law for the full penalty of a liquor tax bond. The court directed a verdict in favor of the plaintiff. The evidence being conflicting on every material question in the case, the court erred in directing a verdict for the plaintiff. (McDonald v. Metropolitan Ry. Co., 167 N. Y. 66.) The Trial Court ignored the proof that the special agents of the plaintiff were served with sandwiches, and that these constituted a meal; also that the defendants had a right to sell liquor on Sunday thereafter. (Matter of Cullinan v. Young, 93 App. Div.…
1Opinion of the Court
Per Curiam :
On the decisions in the cases of Matter of Schuyler (63 App. Div. 206), and Matter of Cullinan (Young Certificate, 93 id. 427), the judgment appealed from should be affirmed, with costs.
Present: O’Brien, P. J.; Patterson, Ingraham, McLaughlin and Hatch, JJ.
2Cases cited1 opinion
- In re SchuylerAppellate Division of the Supreme Court of the State of New York · 1901