Farley v. Petersen

. Delehanty, J.

This is not an action to recover a penalty, but one upon a contract. The question that immediately presents itself therefore is, What was the contract between the parties? The bond in question was given in compliance with the provisions of the Liquor Tax Law, its purpose being to secure on the part of the principal obedience to that law and the decent and orderly conduct of the business authorized by it. By the express terms of the bond it is agreed that “ the said principal will not while the business for which the said liquor tax certificate is given shall be carried on * * *…