Clement v. Belanger
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiff, Máynard M. Clement, as State Commissioner of Excise of the State of Mew York, from two judgments of the Supreme Court respectively in favor of the respective defendants, entered in the office of the clerk of the county of Albany, one on the ,5th day and one on the 4th day of October, 1905, upon the verdiet of a jury rendered after a trial at the Albany Trial Term, and also from an order entered in said clerk’s office on the 17th day of May, 1905,…
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Appeal hy the plaintiff, Máynard M. Clement, as State Commissioner of Excise of the State of Mew York, from two judgments of the Supreme Court respectively in favor of the respective defendants, entered in the office of the clerk of the county of Albany, one on the ,5th day and one on the 4th day of October, 1905, upon the verdiet of a jury rendered after a trial at the Albany Trial Term, and also from an order entered in said clerk’s office on the 17th day of May, 1905, denying the plaintiff’s motion for a new trial made upon the minutes. ■
1Opinion of the Court
Sewell, J.:
This is an action to recover the penalty of a bond given pursuant to section 18 of the Liquor Tax Law.* The complaint alleges that the defendant Belanger violated the provisions of the bond by permitting various persons to gamble, by operating a slot machine in the place where the traffic in liquors was carried on.
The evidénce of the plaintiff consisted of the testimony of five special agents of the Excise Department. One of these agents testified that he visited the defendant’s saloon on .the 21st day of January, 1903, and saw a slot machine in the barroom, Two of .the agents…
2Cases cited3 opinions
- People v. Noelke & MarksNew York Court of Appeals · 1883
- Buckley v. O'NielMassachusetts Supreme Judicial Court · 1873
- Cullinan v. . FurthmanNew York Court of Appeals · 1907
3Cited by2 opinions
- People v. EricksonNew York City Magistrates' Court · 1939
- In re ChristeyNew York Supreme Court · 1914