Moore v. Hitchcock
New York Supreme Court
This was an action of trover, tried at the Albany circuit in February, 1829,' before the Hon. William A. Duer, then one of the circuit judges.
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This was an action of trover, tried at the Albany circuit in February, 1829,' before the Hon. William A. Duer, then one of the circuit judges. In April, 1826, a contract was entered into between the plaintiff and one Green, by which it was agreed that Green ■should furnish Moore with a brick-yard in the village of Castleton, and supply him with wood for burning brick and with teams, machinery and tools necessary for the making of brick; that Moore should make as many thousand brick as the season would permit, and deliver them on board a vessel; and that Green should pay to Moore $1,75 for…
1Opinion of the Court
By the Court,
Savage Ch. J.
The first point made by the defendant on which he relies for a new trial is, that the judge ought to have nonsuited the plaintiff on the ground that by the contract he had no lien on the brick. This point has been already considered and decided by this court, and may therefore be considered at rest. This cause was tried in February, 1827 ; the judge nonsuited the plaintiff, which non-suit was set aside by this court on the ground that by the contract between the plaintiff’ and Green, the plaintiff was entitled to retain possession of the brick until he parted with it…
2Cases cited1 opinion
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