Rice v. Hollenbeck
New York Supreme Court
PPEAL from a judgment of the county court of Tioga county. The action was commenced before a justice of the peace, and was for wrongfully talcing and converting a quantity of timber which had been made into shingles by them. The complaint showed that the plaintiff was tenant in common with one Fairchild, of the property; the plaintiff owning three undivided eighths of the property.
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PPEAL from a judgment of the county court of Tioga county. The action was commenced before a justice of the peace, and was for wrongfully talcing and converting a quantity of timber which had been made into shingles by them. The complaint showed that the plaintiff was tenant in common with one Fairchild, of the property; the plaintiff owning three undivided eighths of the property. The answer denied each and every allegation in the complaint, and alleged that the defendants purchased the property of one George King, and that the said King had a good title to the property. There was no…
1Opinion of the CourtMason, J.
The plaintiff was most clearly entitled to recover of the defendants the enhanced value of the timber in question as manufactured into shingles. (7 Cowen, 95. 3 Comst. 379, 5 John. 348, 349. 10 id. 237, § Wend. 508. 6 John. *665168.) There is nothing in the objection taken on this appeal that the complaint was not for the shingles, but for the timber in its original state, for the reason that the defendants allowed the plaintiff to give all his evidence in regard to the value of the shingles, and never in fact raised the objection, upon the trial, that the plaintiff was not entitled to…
2Cases cited11 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lawrence v. BarkerNew York Supreme Court · 1830
- Curtis v. GroatNew York Supreme Court · 1810
- Betts v. LeeNew York Supreme Court · 1810
- Wheelwright v. DepeysterNew York Supreme Court · 1806
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3Cited by7 opinions
- Spicer v. WatersNew York Supreme Court · 1866
- Amsterdam Electric Light, Heat & Power Co. v. RayherAppellate Division of the Supreme Court of the State of New York · 1899
- Foote v. MerrillSupreme Court of New Hampshire · 1874
- Frazier v. GibsonNew York Supreme Court · 1878
- Frazier v. GibsonNew York Supreme Court · 1878
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