Gates v. . Bowers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in .the third judicial department entered May 9, 1899, affirming a judgment of the Madison County Court in favor of defendant 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. It was error for the court to overrule the plaintiff’s objections as to the admission of evidence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in .the third judicial department entered May 9, 1899, affirming a judgment of the Madison County Court in favor of defendant 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. It was error for the court to overrule the plaintiff’s objections as to the admission of evidence. (Myers v. C. T. M. A. Assn., 85 Hun, 385; Cushman v. U. S. L. Ins. Co., 4 Hun, 783; Hertz v. Minzesheimer, 12 Misc. Rep. 58; Hannah v. McKellip, 49…
1Opinion of the CourtCullen, J.
The plaintiff alleged that he was the owner of an undivided half of a certain quantity of oats, wheat and other farm produce, the other undivided half of which was owned by the defendant; that the property was in the possession of the defendant; that the plaintiff demanded from- the defendant a division of the property, or that he would permit the plaintiff to take his half thereof; that the defendant refused to divide the same or to deliver any part thereof to the plaintiff, and that the defendant wrongfully converted to his own use the plaintiff’s undivided half of said property. Judgment…
2Cases cited3 opinions
- Stall v. . WilburNew York Court of Appeals · 1879
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Channon v. LuskNew York Supreme Court · 1870
3Cited by11 opinions
- Weeks v. HackettSupreme Judicial Court of Maine · 1908
- Collier v. Wm. Cameron & Co.Court of Appeals of Texas · 1909
- Crosby v. WolebenAppellate Division of the Supreme Court of the State of New York · 1912
- Zink v. VanmiddlesworthDistrict Court, N.D. New York · 2003
- Jackenthal v. JackenthalAppellate Division of the Supreme Court of the State of New York · 1955
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