Disbrow v. Westchester Hardwood Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Westchester Hardwood Company, from a judgment of the Supreme Court in favor of the. plain tiff, entered in the office of the clerk of the county of Westchester on the 27th day of April, 1896, upon the .decision of the court -rendered after a trial at the Westchester Special Term; also from an order granting an injunction in favor of the plaintiff, and also from an order granted on the 2d day of February, 1895, continuing said injunction.
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Appeal by the defendant, The Westchester Hardwood Company, from a judgment of the Supreme Court in favor of the. plain tiff, entered in the office of the clerk of the county of Westchester on the 27th day of April, 1896, upon the .decision of the court -rendered after a trial at the Westchester Special Term; also from an order granting an injunction in favor of the plaintiff, and also from an order granted on the 2d day of February, 1895, continuing said injunction. The action was brought to recover damages to realty occasioned by the alleged unlawful felling of trees on the plaintiff’s farm,…
1Opinion of the Court
Goodrich, P. J.:
On January 9,' 1895, the plaintiff, who was the owner of two adjoining farms at Hew Rochelle, one known as the Underhill farm, consisting of eighty-nine acres, and the other known as the Homestead tract or farm, consisting of sixty-six and one-half acres, entered into a written agreement with the defendant, whereby he sold to '.it all the standing wood on the farms measuring more than six inches .in' diameter at the stumps, said wood being located as follows: “ Wood in wood lot on Underhill farm line, H. S. corner,, adjoining cross road leading from Horth St. to Friends’…
2Cases cited3 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Van Deusen v. YoungNew York Supreme Court · 1858
3Cited by2 opinions
- Staples v. RossiIdaho Supreme Court · 1901
- State v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1915