Davison v. Seymour
The Superior Court of New York City
This is an appeal by the defendants, from a judgment in favor of the plaintiff, for the sum of $13,250.83 upon a verdict of a jury. The cause was tried before Chief Justice Oaklet, and a jury, in January 1856. The defendants’ counsel moved, when the testimony was closed, to dismiss the complaint, which motion was denied, and the defendants duly excepted. The facts are stated in the opinion of the Court.
1Opinion of the CourtBy the Court. Hoffman, J.
The first question to be considered is the important one, whether the plaintiff is entitled to recover against any one, upon his own showing; whether his agreement was not one which public policy forbids to be enforced.
The case to present this question is briefly this. A company had been incorporated by the State of Illinois, to construct a railroad within that State. Acts of the States of Indiana and Ohio had also been procured, under which, together, a road was to be made from Cincinnati in Ohio, to Illinois Town. The plaintiff was employed by Hezekiah C. Seymour, one of the firm of H. C.…
2Cited by3 opinions
- Brown v. BrownNew York Supreme Court · 1861
- Dingeldein v. Third Avenue RailroadThe Superior Court of New York City · 1861
- Bliss v. MattesonNew York Supreme Court · 1868