Legal Opinion

Cullinan v. Rorphuro

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

Decided April 15, 1904PublishedCited by 3 opinions

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 in the office of the clerk of the county of New York on the 13th day of May, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of April, 1903, denying the plaintiff’s, motion for a new trial made upon the minutes.

1Opinion of the Court

Patterson, J.:

This action ivas brought on a bond given under section 18 of the: Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1897, chap. 312), and to recover for the breach of its condition. At the trial the defendants had a verdict, and from the judgment entered thereon and from an order denying a motion for a new trial the plaintiff has appealed.

It was proven on the trial that in August- and September, 1900, the defendant Ernest Rorphuro was the proprietor of premises Hos. 2835, 2837 and 2839 Broadway in the' borough of Manhattan in the city of Hew York, upon which liquor was…

2Cases cited1 opinion

  1. Cullinan v. Trolley ClubAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by3 opinions

  1. Cullinan v. FurthmannAppellate Division of the Supreme Court of the State of New York · 1905
  2. In re CullinanNew York Supreme Court · 1904
  3. People v. FrantilaMichigan Court of Appeals · 1975

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