Lyman v. . Schermerhorn
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 24, 1900, reversing upon the law a judgment in favor of plaintiff entered upon a verdict directed by the court at a Trial Term, but expressly affirming- the facts.' The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 24, 1900, reversing upon the law a judgment in favor of plaintiff entered upon a verdict directed by the court at a Trial Term, but expressly affirming- the facts.' The nature of the action and the facts, so far as material, are stated in the opinion. The principal on the bond violated the Liquor Tax Law during the life of the liquor tax certificate, and the surety thereby became liable to pay the penalty of the bond. (L. 1896, ch. 112, §§ 23, 34.) A liquor tax certificate…
1Opinion of the CourtLandon, J.
The plaintiff recovered judgment for $700, the full penalty of a liquor traffic bond, made by Schermerhorn as principal and the respondent as surety under section 18 of the Liquor Tax Law, and filed April 28, 1898, by Schermerhorn with the county treasurer of Ulster county with his application under section 17 of the same law for a liquor tax certificate. In this application Schermerhorn falsely stated that he had never been convicted of a felony. Schermerhorn paid the liquor tax-and the county treasurer issued to him a liquor tax certificate for one year from April 30, 1898. In March, 1899,…
2Cited by6 opinions
- Delaware, L. & W. R. v. FrankU.S. Circuit Court for the District of Western New York · 1901
- Cullinan v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Ernest Ochs, Inc. v. HilliardAppellate Division of the Supreme Court of the State of New York · 1903
- Farley v. O'BrienNew York Supreme Court · 1915
- People ex rel. Loughran v. FlynnAppellate Division of the Supreme Court of the State of New York · 1905
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