Kip v. Babcock

New York Supreme Court

Kip v. Babcock

7 Johns. 178

DecidedNovember 15, 1810

StatusPublished

This text of 7 Johns. 178 (Kip v. Babcock) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kip v. Babcock, 7 Johns. 178 (N.Y. Super. Ct. 1810).

Pincite

Opinion

Per Curiam.

The award of a new trial in the preceding cause necessarily controls this case, for if the plaintiff be not liable for the escape, the defendants are not liable even to him upon their bond of indemnity. There was no more evidence, except the verdict itself, to establish the escape in this cause, than there was in the other, The verdict must, therefore, be set aside, •snd a new trial awarded, with costs to abide the event.

New trial granted.

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Per Curiam.

The award of a new trial in the preceding cause necessarily controls this case, for if the plaintiff be not liable for the escape, the defendants are not liable even to him upon their bond of indemnity. There was no more evidence, except the verdict itself, to establish the escape in this cause, than there was in the other, The verdict must, therefore, be set aside, •snd a new trial awarded, with costs to abide the event.

New trial granted.

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Bluebook (online)

7 Johns. 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kip-v-babcock-nysupct-1810.