Legal Opinion

Farley v. Scherno

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

Decided November 15, 1911PublishedCited by 1 opinion

Appeal by the defendants, Antonio Scherno and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 1st day of March, 1911, upon the decision of the court rendered after a trial at the Clinton Trial Term, a jury having been waived.

1Opinion of the Court

Houghton, J.:

The action is to recover the penalty prescribed by a bond given upon the issuing of a liquor tax certificate on the ground that the certificate holder allowed the premises to become disorderly.

An amendment of plaintiff’s complaint was made upon the trial, to which the defendants did not. object and in which they acquiesced, and with this. amendment incorporated the complaint alleged that the defendant Scherno filed with the county treasurer of Clinton county an application for the purpose of-obtaining a liquor tax certificate, in which he stated that he desired to traffic in…

2Cases cited3 opinions

  1. People ex rel. Meakim v. EckmanNew York Supreme Court · 1892
  2. Harrison v. . WilkinNew York Court of Appeals · 1877
  3. In re BarnardAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by1 opinion

  1. Farley v. . SchernoNew York Court of Appeals · 1913

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