Legal Opinion

Pichler v. . Reese

New York Court of Appeals

Decided June 27, 1902PublishedCited by 13 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The crucial question in this case being as to whether or not the respondent’s decedent owned the hops, after she had given her evidence as to the facts that might prove that she owned the hops, it was error to permit her to pronounce án opinion upon the very question to…

1Opinion of the CourtGray, J.

The action was brought to recover damages for the- conversion by the defendant of a quantity of harvested hops. The defendant, as sheriff, had levied upon, and sold, the hops under an execution issued upon a judgment recovered against Joseph Pichler. The farm, upon which the hops had been raised, belonged to plaintiff’s testatrix and the contro versy was over the ownership of the farm product. In behalf of the plaintiff, the evidence showed, or tended to show, that, after she had acquired title to the farm, she made an agreement with Joseph Pichler, her brother; by which he was to work for…

2Cases cited3 opinions

  1. De Wolf v. WilliamsNew York Court of Appeals · 1877
  2. Nicolay v. . UngerNew York Court of Appeals · 1880
  3. Davis v. PeckNew York Supreme Court · 1867

3Cited by13 opinions

  1. Mathews v. LivingstonSupreme Court of Connecticut · 1912
  2. O'Farrell v. De O'FarrellCourt of Appeals of Texas · 1909
  3. First National Bank v. RobinsonSupreme Court of Kansas · 1914
  4. Servel v. CorbettIdaho Supreme Court · 1930
  5. People ex rel. Robin v. HayesNew York Supreme Court · 1913

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