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Clement v. Federal Union Surety Co.

102 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1907-01-18 English

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p. 1132
CLEMENT, Excise Com’r, Respondent, v. FEDERAL UNION SURETY CO. et al., Appellants.
(Supreme Court, Appellate Division, Third Department.
January 18, 1907.)

Headnote

Ac-, tion by Maynard M. Clement, as state commissioner of excise of the state of New York, against the Federal Union Surety Company, impleaded with Thomas Lunan.

No opinion. Motion for leave to go to Court of Appeals granted, and question certified as follows: Does the limitation m section 18 of the Liquor Tax Law, Laws 1896, p. 61, c. 112, as to the amount of the recovery, prevent a plaintiff from taxing costs and disbursements, and add-mg same to the verdict when the verdict is for the full penalty of the bond?