Fullerton v. Dalton
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a sole referee. The action is in the nature of trover, for the value of a horse.
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THIS is an appeal from a judgment entered upon the report of a sole referee. The action is in the nature of trover, for the value of a horse. The report of the referee was in favor of the plaintiff, and the facts and conclusions of law were as follows: 1. That on or' about the 15th day of September, 1869, the plaintiff and defendant entered into certain negotiations for the sale by the plaintiff to the defendant, of certain real estate and personal property of the plaintiff, of which personal property, the horse mentioned in the complaint was a part, and both plaintiff and defendant then and…
1Opinion of the Court
By the Court, Potter, J.
On a careful examination of the evidence, I think the referee was justified in his findings of fact. The defendant’s possession of the horse in question was under and by virtue of a contract for the purchase of both real and personal property, resting in parol only. This contract was never performed, nor partly performed, except to the extent of the defendant’s taking possession of the horse in question, which was a part of, and included in, the parol contract. This contract being for the sale of real estate, and also for the sale of personal property of the value of…
2Cited by9 opinions
- Cutts v. . GuildNew York Court of Appeals · 1874
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1909
- Franke v. HewittAppellate Division of the Supreme Court of the State of New York · 1900
- Law v. PembertonNew York Court of Common Pleas · 1894
- Nasanowitz v. HaneAppellate Terms of the Supreme Court of New York · 1896
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