Torry v. . Black
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 1 IST. Y. S. C. [T. & C.j, 42.) This was an- action for trespass for cutting and carrying away wood and timber from plaintiff’s lands. In 1851 the father of the plaintiff died intestate, leaving a large real estate.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 1 IST. Y. S. C. [T. & C.j, 42.) This was an- action for trespass for cutting and carrying away wood and timber from plaintiff’s lands. In 1851 the father of the plaintiff died intestate, leaving a large real estate. He left surviving him a widow and the plaintiff, who was his only heir, then about one year old. The defendant was the grandfather of the plaintiff, and he took out letters of administration on the…
1Opinion of the CourtGrover, J.
Upon the death of the father of the respondent his mother became his guardian, with the rights, powers and duties of a guardian in socage. But this conferred upon her no power to commit- waste, by cutting and removing timber from his land, except for necessary repairs of buildings, etc. (2 Stat. at Large, 159, § 20; McPherson on Infancy, 290, 300-303.) The assent of the mother to such cutting and removing by the defendant did not constitute a defence to the action by the plaintiff against him therefor. In 1867, the mother, then Mrs. Wiborn, was, upon the application of the plaintiff, then…
2Cases cited1 opinion
- Holmes v. SeelyNew York Supreme Court · 1837
3Cited by15 opinions
- Cochran v. TaylorNew York Court of Appeals · 1937
- Swarthout v. . RanierNew York Court of Appeals · 1894
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Brooks v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1903
- Hazleton v. WebsterAppellate Division of the Supreme Court of the State of New York · 1897
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