Cases

DETERMINED IN THE

APPELLATE DIVISION

OF THE

SUPREME COURT

OF THE

State of New York.

MAYNARD N. CLEMENT, as State Commissioner of Excise of the State of New York, Appellant, v. JAMES B. BEERS and AMERICAN SURETY COMPANY OF NEW YORK, Respondents.

First Department, May 8, 1908.

Intoxicating liquors - sale on Sunday.

In an action to recover the penalty of a liquor tax bond, where the testimony of two police officers that liquor was sold on the premises on Sunday without serving meals stands without substantial contradiction, a verdict for the defendant will be reversed as against the weight of evidence.

Evidence examined, and held, to establish a violation of section 31 of the Liquor Tax Law.

HOUGHTON, J., dissented; INGRAHAM, J., dissented, with opinion.

APPEAL by the plaintiff, Maynard N. Clement, as State Commissioner of Excise of the State of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 14th day of October, 1907, upon the verdict of a jury, and also from an order entered in said clerk's office on the 11th day of October, 1907, denying the plaintiff's motion for a new trial made upon the minutes.