Pierrepont v. Barnard
New York Supreme Court
Trover, brought by Wm. 0. Pierrepont and others, executors of H, B. Pierrepont, deceased, to recover the value of a quantity of lumber alleged to have been taken and converted by the defendant. The cause was tried at the OswegO'circuit, in June, 1845, before Gridlev, circuit judge. The plaintiffs’ declaration was in the usual form, for a trover and conversion; and the defendant pleaded the general issue.
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Trover, brought by Wm. 0. Pierrepont and others, executors of H, B. Pierrepont, deceased, to recover the value of a quantity of lumber alleged to have been taken and converted by the defendant. The cause was tried at the OswegO'circuit, in June, 1845, before Gridlev, circuit judge. The plaintiffs’ declaration was in the usual form, for a trover and conversion; and the defendant pleaded the general issue. On the trial, the plaintiffs gave in evidence a contract bearing date August 1, 1840, between William 0. Pierrepont, one of the executors of Hezekiah B. Pierrepont of the first part, and John…
1Opinion of the Court
By the Court, Gridley, J.
We think a new trial must be granted, for the errors of the judge upon the trial of the cause; and we will very briefly assign our reasons for this opinion.
The action was trover, for the conversion of a large quantity of pine lumber, which was seized by the defendant and sold upon a judgment against John R. and Hiram Woodworth. The premises on which the timber grew, from which the lumber was manufactured, was known as lot 155 in Richland, in the county of Oswego. This lot was, on the 1st day of August, 1840, contracted by the plaintiffs to be sold to the said…
2Cases cited2 opinions
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- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by12 opinions
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