Burgett v. Bissell
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the report of a referee, in favor of the plaintiff, for $3309,90, besides costs. The action was brought to recover damages for the wrongful taking of .400 sticks of pine timber. The defend? ant, in his answer, claimed to be the owner of the timber under a purchase thereof at a sale upon executions issued against Moses P. Little.
Read the full summary
This was an appeal by the defendant from a judgment entered upon the report of a referee, in favor of the plaintiff, for $3309,90, besides costs. The action was brought to recover damages for the wrongful taking of .400 sticks of pine timber. The defend? ant, in his answer, claimed to be the owner of the timber under a purchase thereof at a sale upon executions issued against Moses P. Little. The referee found the following facts : That Reuben Robie and Moses H. Lyon, being the owners of two tracts of land situate in the county of Steuben, agreed, on the 9th of March, 1847, to sell the same…
1Opinion of the Court
By the Court, T. R. Strong, J.
The contract between Lyon cc Robie on one side and Little on the other, for the sale by the former to the latter of the land upon which the timber in question was then standing, provides, in the body of the contract, in reference to the cutting of timber, that “ it shall not be lawful for the party of the second part, or any assignee or other person claiming under him, to commit waste or damage on the said land by cutting, carrying off, injuring or destroying any trees or timber growing, lying or being on the land, over and above what may be necessary or proper…
2Cases cited4 opinions
- Kidd v. DennisonNew York Supreme Court · 1849
- Mooers v. WaitNew York Supreme Court · 1829
- Suffern v. TownsendNew York Supreme Court · 1812
- Pierrepont v. BarnardNew York Supreme Court · 1849
3Cited by2 opinions
- Myres v. DeMierNew York Court of Common Pleas · 1872
- O'Clair v. HaleNew York Supreme Court · 1898