Cullinan v. Burkard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick W. Cullman, 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 Monroe on the 24th day of September, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 16th day of September, 1903,-denying the, plaintiff’s…
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Appeal by the plaintiff, Patrick W. Cullman, 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 Monroe on the 24th day of September, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 16th day of September, 1903,-denying the, plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J. :
This action was brought by plaintiff to' recover the sum of $500, , upon and by virtue of a bond executed by the defendants under the provisions of the Liquor Tax Law (Laws of 1896, chap. 112 as amd. by Laws of 189.7, chap. 312), upon the application by the defendant Burkard for the issuance of a liquor tax certificate to him covering the sale of liquor by a pharmacist. Such recovery was sought upon the ground that said individual defendant had-violated the provisions of said Liquor Tax Law, and that, therefore, he and the other defendant as surety had become liable upon said…
2Cases cited6 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Verona Central Cheese Co. v. . MurtaughNew York Court of Appeals · 1872
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
- Lyman v. . PerlmutterNew York Court of Appeals · 1901
- Lyman v. SchermerhornAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. D'AntonioAppellate Division of the Supreme Court of the State of New York · 1912
- Koski v. PakkalaSupreme Court of Minnesota · 1913
- Lynch v. BrennanSupreme Court of Minnesota · 1915
- City of Albany v. CasselCourt of Appeals of Georgia · 1912
- State v. HelmannWisconsin Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.