Legal Opinion

Harris v. Gregg

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 1 opinion

Appeal .by the defendant, David Gregg,' as committee, etc., of Amasa R. Gregg, an incompetent' person, from á judgment of the . .Saratoga County Court in favor óf the plaintiff,- entered in the office of the clerk of the county of Saratoga on the 20th day of Rovember, 1896, upon the" verdict of a jury, and also from an order entered.in said clerk’s office on the 30th day of Rovember, 1896, denying the defendant’s motion for a new trial, made upon the minutes. ;' ■ - - . '…

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Appeal .by the defendant, David Gregg,' as committee, etc., of Amasa R. Gregg, an incompetent' person, from á judgment of the . .Saratoga County Court in favor óf the plaintiff,- entered in the office of the clerk of the county of Saratoga on the 20th day of Rovember, 1896, upon the" verdict of a jury, and also from an order entered.in said clerk’s office on the 30th day of Rovember, 1896, denying the defendant’s motion for a new trial, made upon the minutes. ;' ■ - - . ' The plaintiff worked the farm of Amasa R. Gregg' from. the spring of 1883 until the spriiig-of 1892 under-an oral…

1Opinion of the Court

Landok, J.:

It was competent for the plaintiff to show, in the absence of any agreement to the contrary, the custom of the country as to the outgoing crop. (Reeder v. Sayre, 70 N. Y. 180.) The defendant, by conceding that the parties were tenants in common of the crop, conceded in'effect all the plaintiff could obtain from such evidence and more; for, if the .plaintiff had, in violation of the contract (which is doubtful, Unglish v. Marvin, 55 Hun, 45), left the farm, he had thereby lost his right to the emblements. (4 Kent’s Comm. 73; Samson v. Rose, 65 N. Y. 411.) But, being tenants in…

2Cases cited4 opinions

  1. Reeder v. . SayreNew York Court of Appeals · 1877
  2. Samson v. . RoseNew York Court of Appeals · 1875
  3. Osborn v. . SchenckNew York Court of Appeals · 1880
  4. Unglish v. MarvinNew York Supreme Court · 1889

3Cited by1 opinion

  1. Hetfield v. LawtonAppellate Division of the Supreme Court of the State of New York · 1905

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