Pierrepont v. . Barnard
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fifth district, where a judgment in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed.
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Appeal from the general term of the Supreme Court, in the fifth district, where a judgment in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed. (Reported below, after a former trial, 5 Barb. 364.) This was an action of traver, brought by William 0. Pierrepont, and others, executors of Hezekiah B. Pierrepont, deceased, against Barnard, the defendant, for a large quantity of pine lumber and logs, alleged to have been converted by the defendant to his own use. The declaration was in the usual form, and the defendants pleaded the general issue. On the…
1Opinion of the CourtWelles, J.
— The defence interposed at the trial was excluded solely on the ground, that *- the license to the Woodworths, to cut the trees and timber, from which the lumber in question was manufactured, was not in writing. We are to assume, that a paroi license was proved, because evidence was given on that subject, sufficient to have been submitted to a jury, and which would have probably justified a finding of the fact, that a paroi license had been given, and that the timber had been taken in pursuance of it. It appears by the bill of exception, that after the evidence had been given, his honor, the…
2Cases cited3 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by18 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Thomson v. . PoorNew York Court of Appeals · 1895
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Wait v. BaldwinMichigan Supreme Court · 1886
- Welever v. Advance Shingle Co.Washington Supreme Court · 1904
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