Schryer v. Fenton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodocius Fenton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 7th day of October, 1896, upon the verdict of a jury; also from an order entered in said clerk’s office on the 26th day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clei'k’s office on the 1st day of October, 1896,…
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Appeal by the defendant, Theodocius Fenton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 7th day of October, 1896, upon the verdict of a jury; also from an order entered in said clerk’s office on the 26th day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clei'k’s office on the 1st day of October, 1896, granting the plaintiff’s motion for judgment upon the special verdict of the jury and directing judgment for the plaintiff. The…
1Opinion of the Court
Putnam, J.:
The plaintiff, claiming title to a quantity of hay under a transfer from one John S. Martin, whose interest therein was derived under a contract of sale with one George Deuel, brought this action for the alleged conversion thereof by the defendant.
According to the testimony of John S. Martin, under the contract between him and Deuel, it was agreed that the purchase price of the hay was to be fifty-five dollars. Martin was to pay twenty-two dollars down and the balance in a short time, and until such *159balance should he paid the hay should not be removed from the premises of Deuel,…
2Cases cited7 opinions
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Hammett v. . LinnemanNew York Court of Appeals · 1872
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McKinnon v. Western Development Co.Court of Appeals for the Second Circuit · 1912
- Groves v. WarrenAppellate Division of the Supreme Court of the State of New York · 1917
- Meyer v. RedmondAppellate Division of the Supreme Court of the State of New York · 1910
- Church v. BenderAppellate Terms of the Supreme Court of New York · 1911