Booher v. Stewart
New York Supreme Court
Appeal from circuit court, Livingston county. Action by George W. Booher against William N. Stewart. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, made on the minutes of the court, plaintiff appeals. Affirmed.
1Opinion of the CourtDwight, P. J.
The action was trover for an undivided one-third part of a crop of oats raised on the farm of the defendant by one Macauley, who took the farm to work on shares. The plaintiff claimed under a chattel mortgage given to him by Macauley, and the real question in the case is whether, under the agreement of the defendant with Macauley, the latter had any property or interest in the crop which he could transfer by chattel mortgage or otherwise. The agreement was, as we have said, to work the farm on shares, but with many special provisions; among others, that the defendant should make certain…
2Cases cited2 opinions
- Andrew v. . NewcombNew York Court of Appeals · 1865
- Unglish v. MarvinNew York Supreme Court · 1889
3Cited by2 opinions
- In re PlaceDistrict Court, N.D. New York · 1915
- Hawkins v. BeakesNew York Supreme Court · 1894