Clement v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Moore, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 26th day of December, 1908, upon the decision of the court, rendered after a trial at the Westchester Special Term, sustaining the plaintiff’s demurrer to the separate defense contained in the amended answer of the appellant.
1Opinion of the Court
Hirschberg, P. J.:
For the purposes of this appeal, the action may be deemed as brought by the plaintiff, as Excise Commissioner of the State of New York, to recover the penalty of a bond given by the defendant James Moore, with the defendant American Surety Company of New York as bondsman, on an application for a liquor tax certificate, for certain specific violations of law occurring on the 11th day of August, 1907. Other violations are alleged in *724the complaint, but the present controversy relates only to the violations asserted as occurring on August eleventh. In the separate answer of the…
2Cases cited14 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Pray v. . HegemanNew York Court of Appeals · 1885
- Blair v. . BartlettNew York Court of Appeals · 1878
- Williams v. . BarkleyNew York Court of Appeals · 1900
- Gates v. . PrestonNew York Court of Appeals · 1869
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3Cited by2 opinions
- United States Fire Insurance v. Adirondack Power & Light Corp.Appellate Division of the Supreme Court of the State of New York · 1923
- Sisson v. ToddNew York Supreme Court · 1918