Clement v. Smith
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, Maynard H. Clement, as State Commissioner, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 28th day of March, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Westchester Trial Term.
1Opinion of the Court
Woodward, J.:
It is conceded that there is no case directly in point in support of the plaintiff’s contention on this appeal, and' this is due, in all *860probability to the fact that no one else ever conceived the idea that a surety bond given for a particular purpose was to be construed to cover the general conduct of the principal. In the case now before us the action is brought against David H. Smith, principal, and the Federal Union Surety Company, under a bond issued by the latter under the provisions of the Liquor Tax Law.* The bond was in the usual form, and provided that “ The above…
2Cited by3 opinions
- City of Woodburn v. AplinOregon Supreme Court · 1913
- People v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1962
- People v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1962