Lyman v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of January, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of December, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
This action was brought against the principal and surety upon an excise bond to recover the penalty thereof, to wit, the sum of $1,600 for a violation of the Liquor Tax Law (Laws of 1896, chap. 112, as amd.) by the principal. The principal and surety answered separately, and the issues raised by the answers were somewhat different. Upon the trial they appeared by separate counsel. At the close of the plaintiff’s case a separate motion was made in behalf of each defendant to dismiss the complaint, and in many respects upon different grounds. The court decided to submit but two…
2Cited by7 opinions
- Schulman v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Gerzof v. GulottaNew York Supreme Court · 1976
- Rosenzweig v. BlinshteynAppellate Division of the Supreme Court of the State of New York · 1989
- In re CullinanNew York Supreme Court · 1904
- Lasher v. Albany Mem. Hosp.Appellate Division of the Supreme Court of the State of New York · 2018
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