Bayard v. Malcolm
New York Supreme Court
This was an áction on the case, in the nature of a writ of deceit. On the trial of the cause before the court beiow the jury found a verdict for the plaintiff, for 4,5 0 dollars: and the defendants, having moved in arrest o |U(j«-raent, on the ground of the insufficiency of the decía- *> » ° , ration, the supreme court ordered the judgment to be arrested.
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This was an áction on the case, in the nature of a writ of deceit. On the trial of the cause before the court beiow the jury found a verdict for the plaintiff, for 4,5 0 dollars: and the defendants, having moved in arrest o |U(j«-raent, on the ground of the insufficiency of the decía- *> » ° , ration, the supreme court ordered the judgment to be arrested. On this decision, a writ of error was brought to this court, The reasons, as assigned by the Chief Justice, were-sa™e 513 ai’e containe(l in the opinions delivered by a majority of the supreme court; and which are stated in the first volume…
1Opinion of the Court
Woodworth, (Attorney General,) Senator.
This cause has been argued with great ability, by the counsel on both sides. Most of the authorities which bear upon the question have been cited for the consideration of the court. Recurrence has been had to the principles which govern, in cases like the present; this is always of importance, in determining, whether the decisions transmitted to us have departed from those principles, or are, at this day, to be received as satisfactory evidence of the law we are bound to pronounce.
Whether the form of action, adapted to that species of injury, of which…
2Cited by15 opinions
- Viele v. . JudsonNew York Court of Appeals · 1880
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Taylor v. ElySupreme Court of Connecticut · 1856
- Nicholas v. AustinSupreme Court of Virginia · 1887
- Kuhn v. MorrisonCourt of Appeals for the Fifth Circuit · 1896
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