Marshall v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Charles D. Marshall, as trustee of the trusts created under a certain deed, dated January 1, 1856, executed by Herman B. Potter (now deceased) to George E. Babcock and others, .for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a verdict rendered by direction of the court.
1Opinion of the Court
Rttmsey, J.:
This action was brought to recover damages suffered by the plaintiff because of the destruction of his property by a mob in the city ■ of Buffalo about the 30th of July, 1897. It has been in this court once before. ■ At the former trial the plaintiff was nonsuited at the close of the evidence given in liis own belialf. Upon an appeal from the judgment entered upon that nonsuit it was reversed, this court holding that the people who destroyed the plaintiff’s property were a mob and riotous assemblage within the meaning of section 21 of chapter 685 of the Laws of 1892, and that upon…
2Cases cited4 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Stuart v. SimpsonNew York Supreme Court · 1828
- Fealey v. . BullNew York Court of Appeals · 1900
- Marshall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Brous v. Imperial Assurance Co.New York Supreme Court · 1927
- Canter v. City of New YorkCivil Court of the City of New York · 1968