Majority
p. 535Maynard N. Clement, as State Commissioner of Excise, Respondent, v. The Empire State Surety Company, Appellant, Impleaded with Another. (Submitted December 7, 1909; decided January 4, 1910.)
Headnote
Clement v. Umpire State Surety Co., 134 App. Div. 910 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered
p. 536
July 21, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover upon a liquor tax bond.
Hugo Hirsch and Ferd W. Buermeyer for appellant.
Royal R. Scott and Russel Headley for respondent.
Judgment affirmed, with costs ; no opinion.
Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.