Purdy v. Delavan
New York Supreme Court
This was an action for a conspiracy, in burning the plaintiff’s barn, and the various articles it contained. The declaration contained seven counts. The first stated the plaintiff possessed of a barn and . • i o mi i close, containing hay, &c» The defendants, knowing the . - .. 0 , premises,. and contriving to injure, &c. the plaintiff, by a certajn conspiracy, confederacy, and agreement, did cause the barn, &c. to be set on fire, destroyed and consumed.
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This was an action for a conspiracy, in burning the plaintiff’s barn, and the various articles it contained. The declaration contained seven counts. The first stated the plaintiff possessed of a barn and . • i o mi i close, containing hay, &c» The defendants, knowing the . - .. 0 , premises,. and contriving to injure, &c. the plaintiff, by a certajn conspiracy, confederacy, and agreement, did cause the barn, &c. to be set on fire, destroyed and consumed. Second like the first, except that the defendants did conspire to set on fire, and cause to be set on fire, and consumed, and destroyed, the…
1Opinion of the Court
Woods for the defendants.
The present motion is to set aside the verdict, and, if the court should be of opinion against us on that point, to arrest the judgment. On one of these grounds we must prevail, and for that purpose, I shall contend that the award was on the trial, final and conclusive evidence to bar the action: secondly, that the -verdict findingthe defendants guilty as to the first sixcounts $,r.d not ,as to the seventh, is contradictory ; thirdly, that, *308this action, as it at prespnjt appears on the award, cannot be supported, being evidently a suit in trespass, which will not lie…
2Cited by2 opinions
- Hiscock v. . HarrisNew York Court of Appeals · 1878
- Fluharty v. BeattyWest Virginia Supreme Court · 1883