Barton v. Corcoran
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Barton, from a judgment of the County Court of St. Lawrence county, entered in the office of the clerk of said county on the 10th day of January, 1913, upon an order reversing a judgment of the Justice’s Court in favor of the plaintiff, entered in said clerk’s office on the 10th day of January, 1913.
1Concurrence
Kellogg, J. (concurring in result):
I do not think that Bronk v. Becker (17 Wend. 320) has been overruled or affected by the cases cited in the opinion of Justice Woodward. Clark, the tenant, was, therefore, bound by the division of the fence, and lost his corn because he did not maintain his part of the fence. When the fence viewers were *149dividing the fence the owner did not appear, but told the tenant to represent him, and the tenant was present. I think County Judge Ferris disposed of the case upon the right theory. If the evidence here correctly shows the facts Clark was not entitled to…
2Cases cited1 opinion
- Bronk v. BeckerNew York Supreme Court · 1837