DeCamp v. Bullard
New York Supreme Court
Action brought upon an undertaking made and executed by the defendants, for and on behalf of John A. Dix and Edward Thomson, Jr., and conditioned for the payment of any and all damages and loss sustained by the plaintiff on account of the suspension of an injunction, which restrained said Dix and Thomson from floating certain logs upon a stream or river belonging to the plaintiff. ■ This action was tried before the court and a jury, and the jury rendered a verdict for $500…
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Action brought upon an undertaking made and executed by the defendants, for and on behalf of John A. Dix and Edward Thomson, Jr., and conditioned for the payment of any and all damages and loss sustained by the plaintiff on account of the suspension of an injunction, which restrained said Dix and Thomson from floating certain logs upon a stream or river belonging to the plaintiff. ■ This action was tried before the court and a jury, and the jury rendered a verdict for $500 in favor of the plaintiff, which by agreement of the parties was taken subject to the opinion of the court.
1Opinion of the CourtMcLennan, J.
The plaintiff, at the times herein mentioned, was'the owner of township 7 and the north half of township 1, ■ John Brown’s tract, Herkimer county. About the year 1894, _John A. Dix and Edward Thomson, Jr., became the owners of the soft-wood timber on township 8 in said tract, which adjoins township 7. The north branch of. Moose river flows through a portion of township 8, and entirely through the premises of the plaintiff.
After Dix and Thomson had become the, owners of the timber on township 8, they cut a large quantity of it into saw logs, and prepared to float the same down the north,…
2Cases cited5 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- McElroy v. . MumfordNew York Court of Appeals · 1891
- Ward v. . StahlNew York Court of Appeals · 1880
3Cited by4 opinions
- De Camp v. BurnsAppellate Division of the Supreme Court of the State of New York · 1898
- De Camp v. BurnsAppellate Division of the Supreme Court of the State of New York · 1898
- Grand Union Tea Co. v. PotterNew York Supreme Court · 1917
- McNamee v. Natl. Surety Co.Appellate Terms of the Supreme Court of New York · 1916