Cullinan v. Moncrief
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick W. Cullinan; as State -Commissioner of Excise of the State of New York, from a judgment of the Supreme Court in favor of the defendants, entered' inj the office óf the clerk of the;county of Rensselaer on the 20th day' of March, 1903, upon the" verdict of a jury, and also from- an order entered in said clerk’s office on the 14th day of April, 1903, denying,the plaintiff’s motion -for a new trial made upon the minutes. ¡ -
1Opinion of the Court
Chase, J.:
The defendants Moncrief & Francis are druggists, and for more than seventeen years have been engaged in a retail drug business at No. 77 Congress street, Troy. They duly- made application for a liquor tax certificate, and on July 2, 1901, obtained a certificate to traffic in liquors under subdivision 3 of section 11 of the Liquor Tax Law (Laws of v!896, chap. 112, as amd. by Laws of 1897, ■chap. 312).
A bond was given by them conditioned, among other things, that they would not violate any of the provisions of said law. The ■defendant the Fidelity and Deposit Company of Maryland was…
2Cases cited2 opinions
- People v. . McLaughlinNew York Court of Appeals · 1896
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
3Cited by1 opinion
- Rosenberg v. KleinAppellate Terms of the Supreme Court of New York · 1904