Baker v. Freeman
New York Supreme Court
Error from the Niagara common pleas. Freeman sued Baker and two others, trustees of a common school district, in an action of trespass for causing the sale of a quantity of wheat growing upon his land. The defendants justified under a warrant issued by them to collect a tax voted by the inhabitants of the district to purchase a site for a school house, and to erect a school house thereon. The district was composed of parts of the counties of Niagara and Orleans.
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Error from the Niagara common pleas. Freeman sued Baker and two others, trustees of a common school district, in an action of trespass for causing the sale of a quantity of wheat growing upon his land. The defendants justified under a warrant issued by them to collect a tax voted by the inhabitants of the district to purchase a site for a school house, and to erect a school house thereon. The district was composed of parts of the counties of Niagara and Orleans. There was a school house in the district, but being old and unfit for use, it was resolved at a district meeting in October, 1828,…
1Opinion of the Court
By the Court,
Nelson, J.
The court below erred in excluding the evidence of P. Freeman, that he bid off the wheat as the agent of his father, and the jury also erred in finding a verdict to the amount of the value of the wheat. The court gave no directions on this point to the jury, but their exclusion of the above testimony sufficiently indicated their opinion, as that decision must have been made upon the ground that the plaintiff was entitled to the value of the properly sold. The evidence abundantly shews that it was bid off for the *41benefit of the plaintiff; and in such a case, a party is…
2Cited by19 opinions
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Field v. MunsterCourt of Appeals of Texas · 1895
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
- Sprague v. BrownWisconsin Supreme Court · 1876
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