Caughey v. Smith
New York Supreme Court
THIS action was brought to recover damages of the defendant for enticing the plaintiff’s minor son from his service, and enlisting him into the military service of the United States, as the defendant’s substitute, in 1864. It was tried at the Cortland circuit, in June, 1867, when the plaintiff was nonsuited. He now moves for a new trial, on • exceptions, which were directed to be heard, in the first instance at a general term of this court.
1Opinion of the CourtBalcom, J.
The defendant agreed to pay the plaintiff’s son a bounty of §1300 for enlisting into the military service of the United States as a substitute for him. The defendant received §1000 of the bounty of the town of Pitcher, which he paid to the son, with §300 of his own money. The son left the whole §1300 in the defendant’s hands when he entered into the service of the United States, and he died in such service in 1865. The plaintiff thereafter, as adminis*352trator of his son, sued the defendant for the $1300 bounty, and the latter settled the suit and paid the bounty, with interest thereon, to the…
2Cited by1 opinion
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