Cullinan v. . Bowker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 25, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 25, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, and granting a new trial. This action was brought by the plaintiff, as state commissioner of excise of the' state of Hew York, against the principal and surety upon a bond, which had been given to the People of the state upon an application for a liquor tax certificate, to recover the penalty of the bond, by reason of a violation of its provisions. The…
1Opinion of the CourtGray, J.
The salient facts in this case are that the bond, which the county treasurer accepted, was an incomplete instrument, for the want of the signature of the company’s representative at Malone; that the company’s representative had never parsed upon Bowker’s application for the company to become surety for him; that the county treasurer was aware of these facts, at the time the bond was offered and that the company never had knowledge of the delivery of its obligation in an incomplete form and without the exercise of its agent’s judgment upon the application.
The appellant’s claim is that the…
2Cases cited4 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
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- Franhan Distributors, Inc. v. New York World's Fair 1939, Inc.Court of Appeals for the Second Circuit · 1941
- Maclaren Europe Ltd. v. Ace American InsuranceDistrict Court, S.D. New York · 2012
- Barbour v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1916