Appellate Division of the Supreme Court of New York, 1923

Sweeney v. Modern Woodmen

Sweeney v. Modern Woodmen
Appellate Division of the Supreme Court of New York · Decided May 15, 1923
206 A.D. 730
Sweeney v. Modern Woodmen

Opinion of the Court

Judgment affirmed, with'costs. The 28th finding of fact contained in defendant’s requests to find is disapproved and reversed because it is inconsistent with the other findings and a mistake and an irregularity in the record, due to inadvertence. In lieu thereof this court finds as follows: That Dennis Sullivan occasionally used intoxicating liquors of which the defendant had notice in the application but such use was not of the extent and nature contemplated by the conditions and warranties in the certificate, which provided that the use of alcoholic drinks should render the certificate null and void and of no effect. (Civ. Prac. Act, §§ 105, 584; Reich v. Cochran, 196 App. Div. 248, 254.) All concur.

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