Atlantic Dock Co. v. . Mayor, Etc., N.Y. City
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants entered upon an order granting a non-suit at the circuit. This action was brought to recover damages for property of plaintiff alleged to have been destroyed by a mob in the city of Hew York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants entered upon an order granting a non-suit at the circuit. This action was brought to recover damages for property of plaintiff alleged to have been destroyed by a mob in the city of Hew York. During the “ draft riots ” of July, 1863, a mob, appearing in the southerly portion of the city of Brooklyn, fell upon the property of the plaintiff, inflicted serious injury upon one of its docks in the Atlantic basin, and destroyed the steam dredging machine “…
1Opinion of the CourtFolger, J.
It is not denied upon the argument, by the respondents, but that they were once liable to the plaintiff on the record, for the damage to the plaintiff resulting from the injury done by the mob to the dredging machine.
The plaintiff has by an action and judgment against another defendant recovered the full amount of those damages, and has received satisfaction of the judgment. It is claimed that thereby the cause of action against the defendants in this action is satisfied, and that they are no longer liable to the plaintiff. To show, however, the exact state of the case, it should be further…
2Cases cited5 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Clow v. BorstNew York Supreme Court · 1810
- Daniels & Lamont v. HallenbeckNew York Supreme Court · 1838
- Bleakley v. WhiteNew York Court of Chancery · 1834
- Mathews v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by36 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Elder v. New York & Pennsylvania Motor Express, Inc.New York Court of Appeals · 1940
- Knapp v. . RocheNew York Court of Appeals · 1884
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