Farley v. Buchmuller

Headnote

Farley v. Buchmuller, 167 App. Div. 915 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 1,1915, affirming a judgment in favor of

plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was to recover upon a bond executed by the defendant Charles Buchmuller as principal and the defendant Illinois Surety Company as surety. The bond was given pursuant to sections 36 and 16 of the Liquor Tax Law (Cons. Laws, chap. 34), upon the transfer of a liquor tax certificate to the defendant Buchmuller, and the action is maintained pursuant to section 16 of the Liquor Tax Law. The bond is conditioned, as required by said section, that “ there is no material false statement in the application statement for said liquor tax certificate.” The complaint alleges in paragraph 8 thereof that the defendant, appellant, Buchmuller made certain material false statements in his application. The defendants answered separately and denied that the statements complained of were material false statements.