Legal Opinion

Magar v. Hammond

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904Published

Appeal by the defendants, Stoddard Hammond and another, from a judgment of the Supreme Court in favor of the .plaintiff, entered in the office of the clerk of the county of Orange on the 13th day of June, 1903, upon the verdict of a jury for $13,000, and from an order entered in said clerk’s office on the 30th day of June, 1903, denying the defendants’ motion for a new trial made upon the minutes, and also from an order allowing the plaintiff an extra allowance of costs.

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Appeal by the defendants, Stoddard Hammond and another, from a judgment of the Supreme Court in favor of the .plaintiff, entered in the office of the clerk of the county of Orange on the 13th day of June, 1903, upon the verdict of a jury for $13,000, and from an order entered in said clerk’s office on the 30th day of June, 1903, denying the defendants’ motion for a new trial made upon the minutes, and also from an order allowing the plaintiff an extra allowance of costs. The defendant Tompkins was the watchman or gamekeeper of his codefendant Hammond, who had furnished him with a rifle for…

1Opinion of the Court

Hooker, J.:

From á judgment in favor of the plaintiff and against both of the defendants, after a third trial of the issues, and from an Order denying their motion for a new trial, the defendants appeal. Upon the first trial the plaintiff had a verdict, and on appeal to this bourt the judgment entered thereon was unanimously affirmed. (Magar v. Hammond, 54 App. Div. 532.) It was there held that in the record then presented there appeared evidence sufficient to support the verdict in favor of the plaintiff against both defendants. On appeal to the Court of Appeals the judgment was reversed and…

2Cases cited3 opinions

  1. Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
  2. Magar v. . HammondNew York Court of Appeals · 1902
  3. Magar v. HammondAppellate Division of the Supreme Court of the State of New York · 1900

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