Davidson v. Osborne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William A. Davidson, from a judgment of the County Court of Saratoga county, entered in the office of the clerk of said county on the 19th day of December, 1911, reversing a judgment of a justice of the peace in favor of plaintiff, rendered on the 13th day of March, 1911.
1Opinion of the Court
Kellogg, J.:
While the terms of the lease were disputed, the decision of the justice established that Wagar was working the farms of the *748plaintiff on the understanding that the plaintiff was to sell the stock and produce, and to give the defendant one-third of the proceeds from such sales. Wagar gave a chattel mortgage to the plaintiff upon a horse he owned, and his interest in the crops. While the mortgage remained partly unpaid Wagar removed from a farm hay of the value of ninety dollars and delivered it to the defendant. Wagar owed the defendant a grocery bill, and from time to time had…
2Cases cited2 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
3Cited by3 opinions
- Cornelius v. C. C. Pictures, Inc.District Court, S.D. New York · 1924
- Holmes v. UtterAppellate Division of the Supreme Court of the State of New York · 1921
- Weiss v. Imperator Realty Co.Appellate Terms of the Supreme Court of New York · 1925