Legal Opinion

Lyman v. Shenandoah Social Club

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

Decided July 1, 1899PublishedCited by 14 opinions

Appeal by the defendant, the Fidelity and Deposit Company of Maryland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of October, 1898, upon the verdict of a jury rendered by direction of the court. The action is upon an excise bond given by a corporation known as the Shenandoah Social Club as principal, and this appellant as surety, to the People of the State of New York.

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Appeal by the defendant, the Fidelity and Deposit Company of Maryland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of October, 1898, upon the verdict of a jury rendered by direction of the court. The action is upon an excise bond given by a corporation known as the Shenandoah Social Club as principal, and this appellant as surety, to the People of the State of New York. The bond is in the penal sum of $1,600, conditioned as follows: “Whereas, the above bounden principal is about to apply for a…

1Opinion of the Court

Barrett, J.:

The main question presented by this appeal is whether the appellant’s liability upon the bond is in the nature of a penalty or of liquidated damages. The bond was given in accordance with the provisions of section 18 of the Liquor Tax Law. (Laws of 1896, *462chap. 112 as amd. by Laws of 1897, chap. 312, § 11.) Its purpose was to secure, on the part of the principal, not only observance of the Liquor Tax Law and its special mandates, but also good behavior in other particulars essential to the orderly and proper conduct of the business. Thus we find, as one of the conditions of the…

2Cases cited2 opinions

  1. People ex rel. Meakim v. EckmanNew York Supreme Court · 1892
  2. Lyman v. BruckerNew York Supreme Court · 1899

3Cited by14 opinions

  1. People v. . BrightNew York Court of Appeals · 1911
  2. In re CullinanAppellate Division of the Supreme Court of the State of New York · 1906
  3. State v. CalantiSupreme Judicial Court of Maine · 1946
  4. People v. "Laude", New York County Courts1913
  5. City of Albany v. CasselCourt of Appeals of Georgia · 1912

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