Porter v. Gardner
New York Supreme Court
Motion for new trial on exceptions. Action by Fred Porter against Nelson Gardner, as administratrix of Jane P. Markham, deceased, for the conversion of a colt of the value of $90. Defendant claimed that the colt was a part of the estate of Jane P. Markham, ■deceased, of whose will he is the executor. The main issue at the trial was whether Mrs. Markham before her death gave plaintiff the colt. At the close •of the evidence the court ordered a nonsuit.
1Opinion of the CourtMerwin, J.
On the 7th March, 1887, Mrs. Markham was the owner of a farm of about 90 acres in the town of Homer. At that date she and the plaintiff, who was her nephew, entered into a written agreement by which :she did “demise and lease her farm, with the appurtenances,” to the plaintiff for the term of one year from the 1st of March, 1887, she agreeing to leave •on the farm all the farming tools, eight cows, a team, and some other property, and pay all taxes except the road tax. She reserved “the right to pasture two colts by paying to the party of the second part one-third of the cost of the pasturing…
2Cases cited10 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Tenbrook v. BrownIndiana Supreme Court · 1861
- Grangiac v. ArdenNew York Supreme Court · 1813
- Wing v. MerchantSupreme Judicial Court of Maine · 1869
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3Cited by1 opinion
- In re SwadeAppellate Division of the Supreme Court of the State of New York · 1901