Farley v. . Scherno
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. ' The trial court had no jurisdiction of the action or to render the judgment herein.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. ' The trial court had no jurisdiction of the action or to render the judgment herein. (U. S. Const. art. 1, § 8; Fort Leavenworth R. R. Co. v. Low, 114 U. S. 264; Commonwealth v. Clary, 8 Mass. 72.) The bond in suit was illegal, void and a nullity in its inception. (M.…
1Opinion of the CourtMiller, J.
This is an action to recover the penalty of a bond given on the issuing of a liquor tax certificate to the appellant Scherno, on the ground that there had been a breach of the condition of the bond in that he had allowed the premises to become disorderly and had made a material false statement in his application for the certificate in stating that the premises belonged to his wife, and that he might lawfully carry on a traffic in liquors thereon. The defense is that there was no consideration for the bond for the reason that the premises for which the certificate was issued formed a part of…
2Cases cited3 opinions
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- Commonwealth v. ClaryMassachusetts Supreme Judicial Court · 1811
- Metropolitan Life Insurance v. BenderNew York Court of Appeals · 1891
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- Empire Trust Co. v. HeinzeNew York Court of Appeals · 1926
- Employers' Liability Assurance Ltd. v. DiLeoMassachusetts Supreme Judicial Court · 1937
- Kaufman v. . HopperNew York Court of Appeals · 1917
- State ex rel. Grays Harbor Construction Co. v. Department of Labor & IndustriesWashington Supreme Court · 1932
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