Hendrick v. Lindsay
Supreme Court of the United States
Error to the Circuit Court, of the United States for the. Northern District of New York. In March, 1871, one Ballantine recovered a judgment' in the Circuit Court of the United States' for the Eastern District of Michigan against the Albany Insurance Company, for $3,425.84 and costs.
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Error to the Circuit Court, of the United States for the. Northern District of New York. In March, 1871, one Ballantine recovered a judgment' in the Circuit Court of the United States' for the Eastern District of Michigan against the Albany Insurance Company, for $3,425.84 and costs. That company desiring to bring the case to this court upon writ of error, Hendrick, its vice-president, on the 8th of March, 1871; wrote to Lindsay, one of the defendants in error, as follows : — “ A. G. Lindsay, Esq., Detroit: “-Dear Sir, — Will you be good enough to sign the'needful bail-bond in the ‘ Park ’…
1Opinion of the CourtJustice Davis
delivered the-opinion of the court.
-There were no disputed facts,in this case for the jury to pass upon. After the plaintiff^ had rested their case, the counsel for the defendant annoiinced that he had mo évidence to offer; and thereupon the. court, considering that the legal effect of -the evidence warranted , a verdict .for the plaintiffs, told the' jury'in an absolute form to find for them. This was correct practice where there was no-evidence at-all to contradict or vary the case made by the plaintiffs; and the only question for review here is, whether or not the court mistook the legal…
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