Farley v. De Waters
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Oourt, at general term. The action was between two citizens of the State of New York, and was brought to recover damages for an assault committed by the defendant, on board the vessel R. B. Schmidt, of which he was captain, while said vessel was at Light House Inlet, near Charleston, State of South Carolina.
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Appeal by the defendant from a judgment of the Marine Oourt, at general term. The action was between two citizens of the State of New York, and was brought to recover damages for an assault committed by the defendant, on board the vessel R. B. Schmidt, of which he was captain, while said vessel was at Light House Inlet, near Charleston, State of South Carolina. At the conclusion of the testimony, the defendant’s counsel moved for judgment, by reason of the want of jurisdiction in the court. The motion was denied, and judgment rendered for the plaintiff, which, being affirmed by the general…
1DissentCardozo, J.
The case of Moloney v. Dows (8 Abb. P. B. p. 316) seems to be misunderstood. It is sometimes cited as an authority that the courts of this State have no jurisdiction over actions for trespass to personal property. It was shown in Smith v. Butler (1 Daly, 508) to have no such effect. It is now relied on as establishing, that an action cannot be here maintained between residents of this State for an assault and battery committed in a foreign country. This is also a misapprehension. Giving that decision its fullest effect, it simply holds that the courts of this State will not take cognizance of…
2Cases cited2 opinions
- People v. DemingNew York Court of Common Pleas · 1857
- Smith v. ButlerNew York Court of Common Pleas · 1865