Cullinan v. Horan
Appellate Division of the Supreme Court of the State of New York
Appeal .by the defendant, the Federal Union Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Eockland on the 22d day of November, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the Eockland Trial Term, arid also from an order entered in said clerk’s office on the 20th day of December, 1905, denying the said defendant’s motion for a new trial made upon the…
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Appeal .by the defendant, the Federal Union Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Eockland on the 22d day of November, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the Eockland Trial Term, arid also from an order entered in said clerk’s office on the 20th day of December, 1905, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This is an action by the State Commissioner of Excise against the holder of a Jiquor tax certificate and his surety, to recover the penalty of the excise, bond. The defendants answered separately. Upon the trial the surety company alone appeared, but it never cross-examined the plaintiff’s witnesses nor offered testimony. A* the close of the plaintiff’s case the defendant surety company moved to dismiss the complaint, but its motion was denied, under • exception, and the court, under exceptions, directed a verdict for the plaintiff and denied a motion for-a new trial made under…
2Cases cited9 opinions
- Link v. . SheldonNew York Court of Appeals · 1892
- Commonwealth v. WatermanMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. NorcrossMassachusetts Supreme Judicial Court · 1813
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1878
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