Lobdell v. . Stowell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of plaintiff of the County Court of Chenango county. (Reported below, 37 How. Pr. R., 88.) The action was originally commenced 1 by the plaintiff before a justice of the peace to recover damages for the unlawful conversion of a quantity of corn and oats.
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Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of plaintiff of the County Court of Chenango county. (Reported below, 37 How. Pr. R., 88.) The action was originally commenced 1 by the plaintiff before a justice of the peace to recover damages for the unlawful conversion of a quantity of corn and oats. Judgment was rendered on the trial of the issues therein for $74.95 damages and $3.75 costs against the defendant, who thereupon appealed to the County Court of Chenango. The issues were again tried in that court, before…
1Opinion of the Court
Lott, Ch. C.
Conceding, as is claimed on behalf of the defendant, that the parties were tenants in common of the corn and oats which were raised by the plaintiff on the defendant’s farm, and that, as a general rule, one tenant in common cannot maintain trover against his co-tenant without showing a loss, sale or destruction of the property held in common, that concession is not available as a ground for the reversal of the judgment appealed from.
It appears, from the evidence given on the trial, that after a portion of the grain had been used and sold, by each of the parties, it was mutually…
2Cases cited6 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Romaine v. . Van AllenNew York Court of Appeals · 1863
- Matthews v. . CoeNew York Court of Appeals · 1872
- Seldon v. HickockNew York Supreme Court · 1804
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Stall v. . WilburNew York Court of Appeals · 1879
- Nash v. BrewsterSupreme Court of Minnesota · 1888
- Pickering v. MooreSupreme Court of New Hampshire · 1893
- Brown v. BurnapAppellate Division of the Supreme Court of the State of New York · 1897
11 more not listed; retrieve them via the Exa API.