Phelps v. Delmore
New York Supreme Court
Appeal from judgment on report of referee. Action by James H. Phelps against William H. Delmore. Plaintiff obtained judgment. Defendant appeals. The action was for the conversion of a quantity of wheat and oats in the straw, raised bj- one Owens upon the farm of plaintiff in the year 1886; also of a half interest in two milk wagons and some other chattels; also of a third interest in a quantity of oats in the straw, raised upon the farm of one' Pierce.
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Appeal from judgment on report of referee. Action by James H. Phelps against William H. Delmore. Plaintiff obtained judgment. Defendant appeals. The action was for the conversion of a quantity of wheat and oats in the straw, raised bj- one Owens upon the farm of plaintiff in the year 1886; also of a half interest in two milk wagons and some other chattels; also of a third interest in a quantity of oats in the straw, raised upon the farm of one' Pierce. The defendant claimed under an attachment and execution in his favor against Owens. The referee decided that the plaintiff was the owner of a…
1Opinion of the Court
MERWIN,' J.
The main controversy here is over the ownership of the wheat and oats raised upon the farm of plaintiff in the year 1886. The farm consisted of about 220 acres, and had thereon about 40 cows, together with farming tools and teams. On March 1, 1885, the plaintiff and Owens entered into a written agreement, to the effect, among other things, that Owens should woik and •carry on the farm for one year from that date, and the produce of the dairy for the term should be divided in the proportion of three fifths thereof to plaintiff and two fifths to Owens; that the produce of the farm…
2Cases cited2 opinions
- McCulloch v. . DobsonNew York Court of Appeals · 1892
- Pool v. EllisonNew York Supreme Court · 1890
3Cited by1 opinion
- Fidelity & Casualty Co. of New York v. WatermanIllinois Supreme Court · 1896