Cullinan v. O'Connor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick W. Cullman, as State Commissioner of Excise of the State of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ontario on the 12tli day of April, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of April, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought to recover the penalty of an undertaking executed by the defendants upon the granting of a liquor tax certificate to the defendant O’Connor as a hotelkeeper. The guarantee company is surety.
The important alleged violations appearing from the evidence for which recovery herein is sought by plaintiff, are certain conceded sales of liquor made upon Sunday. The defense relied upon on the trial was that the licensee, being the holder of the aforesaid •liquor tax certificate and being the keeper of a hotel, made said sales to guests. The jury found a general…
2Cases cited2 opinions
- People v. CrottyAppellate Division of the Supreme Court of the State of New York · 1897
- Lyman v. . SchermerhornNew York Court of Appeals · 1901
3Cited by3 opinions
- People ex rel. Higgins v. Hegeman, New York County Courts1912
- Clement v. MartinAppellate Division of the Supreme Court of the State of New York · 1907
- In re CullinanNew York Supreme Court · 1904