Smith v. Butler
New York Court of Common Pleas
Appeal "by the defendant from a judgment at Special Term overruling a demurrer to the complaint. The complaint alleged that the plaintiffs were copartners in New Orleans on the 27th of May, 1862, and were then lawfully carrying on their business, &e.
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Appeal "by the defendant from a judgment at Special Term overruling a demurrer to the complaint. The complaint alleged that the plaintiffs were copartners in New Orleans on the 27th of May, 1862, and were then lawfully carrying on their business, &e. That on that day, in the city of New Orleans, the defendant, General Butler, -unlawfully, with force of arms, with a multitude of people, surrounded the premises of the plaintiff, and took possession of their place of business, and removed their property from said promises, and took the same into his possession, and had converted a portion of the…
1Opinion of the Court
By the Court.
Cardozo, J.
The question presented in this case was carefully considered-and the authorities reviewed by Mr. Justice Monell in the case of McIvor v. McCabe, (26 How. Pr. R, 257) and I concur with the views there expressed.
It may not however, be necessary on the present occasion, to review or deny the doctrine of Molony v. Dows (8 Abbott’s Pr. R., 316), which was only a nisi prius case, but of cv/av. - entitled to ¿-rent respect as the ruling of a very learned t experienced Judge,—because that case concedes that sever;-.. *509cases in this country “authorize the conclusion that actions…
2Cases cited2 opinions
- Glen v. HodgesNew York Supreme Court · 1812
- Harriott v. New Jersey RailroadNew York Court of Common Pleas · 1858
3Cited by2 opinions
- Farley v. De WatersNew York Court of Common Pleas · 1867
- Trubee v. AldenNew York Supreme Court · 1875