Cullinan v. Hermann

New York Supreme Court

Cullinan v. Hermann

2 Liquor Tax Rep. 594

DecidedNovember 29, 1901

StatusPublished

This text of 2 Liquor Tax Rep. 594 (Cullinan v. Hermann) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cullinan v. Hermann, 2 Liquor Tax Rep. 594 (N.Y. Super. Ct. 1901).

Pincite

Opinion

Clarke, J.:

A plea of autre fois acquit would be good in a criminal case. But this is a civil action, with a different rule as to proof. Here, preponderance; in the criminal court, beyond a reasonable doubt. The parties are different. The People, in one case, asking for fine and imprisonment, based upon conviction of a crime. Here, the commissioner suing on a bond against principal and surety on money judgment on a contract.

The motion is granted, $10 costs to abide event.

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Clarke, J.:

A plea of autre fois acquit would be good in a criminal case. But this is a civil action, with a different rule as to proof. Here, preponderance; in the criminal court, beyond a reasonable doubt. The parties are different. The People, in one case, asking for fine and imprisonment, based upon conviction of a crime. Here, the commissioner suing on a bond against principal and surety on money judgment on a contract.

The motion is granted, $10 costs to abide event.

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Bluebook (online)

2 Liquor Tax Rep. 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullinan-v-hermann-nysupct-1901.