Lyman v. . Perlmutter
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 21, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was upon a liquor tax bond given by the defendants to the treasurer of the county of Dutchess May 1, 1897, upon the application by the defendant Edward Perl-mutter for a liquor tax certificate, which was then issued to him.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 21, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was upon a liquor tax bond given by the defendants to the treasurer of the county of Dutchess May 1, 1897, upon the application by the defendant Edward Perl-mutter for a liquor tax certificate, which was then issued to him. The bond is as follows: “ Enow all Men by these Presents, that we, Edward Perl-mutter, of Clinton Corners,'in the Town of Clinton, County of Dutchess,…
1Opinion of the CourtLandon, J.
In cases between the government and a private party, in which the purpose of the bond is to secure an observance of the law in pursuance of which the bond is given, and punishment or satisfaction for its non-observance, then the penalty named in the bond is the measure of damages for its breach, unless the statute under which the bond is given or the bond itself, read in the light of the statute, indicates a less or different measure. In such cases in which the statute fixes the measure of damages the courts cannot relieve against it, unless authorized by statute to do so. The remission of…
2Cases cited1 opinion
- Clark v. BarnardSupreme Court of the United States · 1883
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- In re the Estate of McNamaraNew York Surrogate's Court · 1930
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