35 A.D. 227 | N.Y. App. Div. | 1898
Lyman v. Gramercy Club (28 App. Div. 30) is not in point. That action was brought against sureties to recover for the breach of a bond given and prosecuted pursuant to section 18 of the Liquor Tax Law
The action now before the court is brought for the recovery of penalties under the 42d section of the Liquor Tax Law which provides that such an action may be brought “ in any court of record in any county of the State.” If there were no other provision in respect to place of trial, Lyman v. Gramercy Club would be an authortity, but the 42d section contains this further pro
I think the order is right, and that it should be affirmed, with ten dollars costs and disbursements.
All concurred.
Order affirmed, with ten dollars costs and disbursements.
Laws of 1896, chap. 112, as amended by chap. 312 of the Laws of 1897.— [Rep.