Wallace v. Patterson
New York Supreme Court
This is an appeal from an order of the St. Lawrence county court. The facts were these : An action in the nature of trover was brought to recover the value of a cow. The answer was a denial of the complaint. The evidence was of a contract to purchase a cow by plaintiffs of defendant, at $17, $5 paid down, and the balance to be paid when taken away; defendant to keep the cow two weeks free of charge, and one week longer if desired, for pay, when she was to be taken away.
Read the full summary
This is an appeal from an order of the St. Lawrence county court. The facts were these : An action in the nature of trover was brought to recover the value of a cow. The answer was a denial of the complaint. The evidence was of a contract to purchase a cow by plaintiffs of defendant, at $17, $5 paid down, and the balance to be paid when taken away; defendant to keep the cow two weeks free of charge, and one week longer if desired, for pay, when she was to be taken away. The cow not being called for, after waiting several months, defendant sold her ; afterwards plaintiffs tendered defendant…
1Opinion of the CourtJames, J.
In the decision of the present motion, we have nothing to do with the merits of the original appeal. The judgment of the justice having been reversed, it is to be deemed as properly reversed for all the purposes of determining this question of costs. The important question presented by this appeal is, whether the first paragraph of section 371 of the Code has application when an appeal from a justice’s judgment is brought solely for the purpose of reversing the same, and not for its modification, or for being made more favorable to the appellant. Before the Code, justices’ judgments of $25…
2Cases cited2 opinions
- Doe Ex Dem. Mann v. WilsonSupreme Court of the United States · 1860
- Staats v. Hudson River Rail RoadNew York Supreme Court · 1862