Foye v. Sewell
New York Court of Common Pleas
This was an action for damages for an assault and battery alleged to have been committed by the defendant upon the plaintiff on the 1st day of October, 1884, at his house at Tarry town. The defense was a justification alleging that the defendant was then possessed of a certain house at Tarry town, where he lived with his family.
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This was an action for damages for an assault and battery alleged to have been committed by the defendant upon the plaintiff on the 1st day of October, 1884, at his house at Tarry town. The defense was a justification alleging that the defendant was then possessed of a certain house at Tarry town, where he lived with his family. That the plaintiff had been his cook who had left his service on the morning in question, but refused to leave his house ; and, notwithstanding she was requested to depart, persisted in remaining and using loud and abusive language in defiance of defendant’s lawful…
1Opinion of the Court
The following is the judge’s charge :
Bookstaver, J.
Gentlemen of the jury : The attention which you have given this case will enable you to remember all the facts and circumstances which have been testified to here. . Ton are not to take the remembrance of counsel on either side nor of the court as to what these facts are, but your own recollection of them, and you are to apply the law as-it will be given you by the court to these facts ; because the memory of twelve men is, from the nature of the case, more reliable than the memory of a single man, however mueli he may be interested in…
2Cases cited20 opinions
- Pond v. PeopleMichigan Supreme Court · 1860
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Harrington v. PeopleNew York Supreme Court · 1849
- Chatard v. O'DonovanIndiana Supreme Court · 1881
- Parsons v. BrownNew York Supreme Court · 1853
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3Cited by1 opinion
- Brendlin v. BeersAppellate Division of the Supreme Court of the State of New York · 1911