Train v. Taylor
New York Supreme Court
Appeal from circuit court, New York county. Action by Samuel P. Train and Edward S. Smith, doing business under the firm name of Train, Smith & Co., against John L. Taylor, impleaded with Hugh F. Kendall and Charles B. Kendall. Judgment was given for plaintiffs, and the defendant Taylor appeals.
1Opinion of the CourtVan Brunt, P. J.
This action seems to have been tried upon the theory that a verdict for the plaintiff might be sustained against one defendant, while another defendant could have a verdict in his favor. And this theory seems to have led to various serious errors in the admission of evidence which call for a reversal of the judgment. We do not understand that in an action of this character, being an action for conspiracy, and nothing else, a verdict can be rendered against one defendant in favor of the,plaintiff, and another defendant succeed. It is impossible for a man to conspire with himself. And so it was…
2Cited by5 opinions
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- Keit v. WymanNew York Supreme Court · 1893
- Franklin Music Co. v. American Broadcasting CompaniesCourt of Appeals for the Third Circuit · 1979
- Voltz v. WilsonNew York Supreme Court · 1889