Lyman v. Schermerhorn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fidelity and Deposit Company of Maryland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 9th day of January, 1900, upon the verdict of a jury for $700, the full penalty of a bond given upon an application for a liquor tax certificate, rendered by direction of the court, and also from an order entered in said clerk’s office on the 16th day of Jan- ' uary, 1900,…
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Appeal by the defendant, the Fidelity and Deposit Company of Maryland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 9th day of January, 1900, upon the verdict of a jury for $700, the full penalty of a bond given upon an application for a liquor tax certificate, rendered by direction of the court, and also from an order entered in said clerk’s office on the 16th day of Jan- ' uary, 1900, denying the said defendant’s motion for a new trial.
1Opinion of the Court
Kellogg, J.:
The defendant Fichólas Sellermerhorn made application for a liquor tax certificate, and, at the same time, presented to the county treasurer the usual bond with the defendant, the Fidelity and Deposit Company of Maryland, as surety. The tax certificate was issued to him, and thereafter he entered upon the business which the certificate authorized, and made, as the proof shows, three sales of liquor. It is not claimed that the sales so made violated any of the provisions of the Liquor Tax Law, provided the tax certificate authorized, the defendant Schermerhorn to traffic in liquor.…
2Cited by3 opinions
- Cullinan v. BurkardAppellate Division of the Supreme Court of the State of New York · 1904
- Lyman v. KaneAppellate Division of the Supreme Court of the State of New York · 1901
- Lyman v. MeadAppellate Division of the Supreme Court of the State of New York · 1990