Harpending v. Shoemaker
New York Supreme Court
THIS was an appeal from the county court of Yates county, affirming the judgment of a justice’s court. The action was brought to recover, (1.) For a breach of a contract entered into between the parties for the working of a farm of the plaintiff’s by the defendant on shares, claiming that the defendant did the work and labor in so negligent, unskillful and unworkmanlike a manner that the crops were lost, injured and destroyed.
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THIS was an appeal from the county court of Yates county, affirming the judgment of a justice’s court. The action was brought to recover, (1.) For a breach of a contract entered into between the parties for the working of a farm of the plaintiff’s by the defendant on shares, claiming that the defendant did the work and labor in so negligent, unskillful and unworkmanlike a manner that the crops were lost, injured and destroyed. (2.) To recover for the sale of goods, wares and merchandise by the plaintiff to the defendant. (3.) For and on account of moneys had and received by the defendant to…
1Opinion of the Court
By the Court,
Johnson, J.
On the trial before the justice, this question was put to the witness : “ How much less buckwheat was there, than there would have been if the same had been properly threshed ?” The witness had already stated that there was 126 bushels after it was threshed, and that he had examined the straw ; that he thought it was not threshed clean; that there was a good deal of buckwheat left in it; th&t some of it looked as though it had not been threshed at all, and that some of it was threshed clean. He had also stated that he had owned a farm and had been a farmer, but was…
2Cases cited5 opinions
- The People v. . EastwoodNew York Court of Appeals · 1856
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- Egleston v. KnickerbackerNew York Supreme Court · 1849
- Roth v. PalmerNew York Supreme Court · 1858
- Cook v. BrockwayNew York Supreme Court · 1856
3Cited by17 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
- North Missouri Railroad v. AkersSupreme Court of Kansas · 1868
- St. Louis, I. M. & S. Ry. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1897
- Maxherman Co. v. AlperAppellate Division of the Supreme Court of the State of New York · 1924
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