Hammond v. Sully
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of tlie Supreme Court of the District of Columbia, on verdict, in an action of trespass on the case in the nature of a common-law conspiracy.
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Hearing on an appeal by the defendant from a judgment of tlie Supreme Court of the District of Columbia, on verdict, in an action of trespass on the case in the nature of a common-law conspiracy. The Court in the opinion stated the facts as follows: Daniel J. Sully brought action against John Hays Hammond and six others, wherein he charged that they had entered into a conspiracy for the purpose of injuring certain contractual and conventional rights of his, and that in pursuance of this conspiracy they did certain things which damaged him in the sum of $1,500,000. Two of the defendants were…
1Opinion of the CourtChief Justice Smyth
The learned trial justice, after a careful review of the evidence, said to the jury: “When we boil this case down to its last analysis, in my opinion, it turns on the motive which induced the action of the board of directors on the 23d of November, 1910, in the passage of the resolution which they adopted.” He charged that there was no evidence of actual damage, and that unless the jury found that Hammond and his associates, in the passage of the resolution of November 23, were actuated by a malignant purpose, their verdict must be for the defendant.
The jury was bound to follow these…
2Cases cited22 opinions
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
- Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
- Adler v. FentonSupreme Court of the United States · 1861
- Shreveport v. ColeSupreme Court of the United States · 1889
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3Cited by3 opinions
- Doyle v. MiltonDistrict Court, S.D. New York · 1947
- Venture Holdings Ltd. v. CarrDistrict of Columbia Court of Appeals · 1996
- Venture Holdings Ltd. v. CarrDistrict of Columbia Court of Appeals · 1996