Barnett v. McCrea
New York Supreme Court
Appeal from special term, St. Lawrence county. Action by Cornelius A. Barnett against Augustus L. McCrea. From a judgment in favor of plaintiff, defendant appeals. Affirmed. The opinion of Mr. Justice BUSSELL at special term is as follows: This action is brought to recover for the use of a mare bred to a stallion selected by the defendant, and for the keeping of the colt after it became four months old.
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Appeal from special term, St. Lawrence county. Action by Cornelius A. Barnett against Augustus L. McCrea. From a judgment in favor of plaintiff, defendant appeals. Affirmed. The opinion of Mr. Justice BUSSELL at special term is as follows: This action is brought to recover for the use of a mare bred to a stallion selected by the defendant, and for the keeping of the colt after it became four months old. The agreement was plainly not to be performed in a year, and was therefore void by the statute of frauds, unless a writing properly subscribed was made, taking the case out of the statute. The…
1Opinion of the CourtMayham, P. J.
Upon the facts found by the learned trial judge, which seem to be supported by the evidence, we think he reached a correct conclusion, and that the judgment should be affirmed upon the opinion at special term. Judgment affirmed, with costs. All concur.
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