De Camp v. . Bullard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the-Supreme Court in the fourth judicial department,, entered August 6, 1898, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendants are not liable for tollage.
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Appeal from a judgment of the Appellate Division of the-Supreme Court in the fourth judicial department,, entered August 6, 1898, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendants are not liable for tollage. (N. B. Assn. v. Conkling, 90 N. Y. 116 ; Griffiths v. Hardenbergh, 41 N. Y. 464 ; Wing v. Rogers, 62 Hun, 383 ; Ward v. Stahl, 81 N. Y. 406 ; Brandt on Suretyship, §93 ; High on Injunctions, § 1635 ; McCluskey v. Cromwell, 11 N. Y. 593 ; Jennery v. Olmstead, 90 N. Y. 363 ;…
1Opinion of the CourtYank, J.
This action was brought upon an undertaking given by the defendants under the following circumstances : In 1894 the plaintiff’s testatrix owned a large quantity of land on John Brown’s tract in the Adirondack wilderness, through which the north branch of the Moose river runs, as it winds and turns, for between twenty and thirty miles. John A. Dix and Edward Thomson, Jr., having purchased the soft wood trees standing on lands farther in the forest than those of the plaintiff, were preparing to float logs down the north branch to their mill some thirty miles below. On the 26th of June, 1896,…
2Cases cited9 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Eten v. . LuysterNew York Court of Appeals · 1875
- Baldwin v. CalkinsNew York Supreme Court · 1833
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
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