Brooklyn Cooperage Co. v. A. Sherman Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Eva S. Clark, as executrix, etc., from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Franklin on the 12th day of June, 1916, denying her motion to be made a party defendant herein.
1Opinion of the Court
Cochrane, J.:
This is a motion by a third party to be made a defendant in this action. The action is at law to recover damages for entering upon the premises of the plaintiff and cutting and removing spruce, hemlock, pine and cedar trees, and .for such trespass the plaintiff seeks to recover treble damages. Prior to September 9, 1893, Simeon L. Clark and Pliny J. Clark were the owners of the premises in question and on that day conveyed the same to Frances V. Carpenter and others by a deed in which the grantors reserved the right to remove any timber of the size of six inches at the stump,…
2Cases cited10 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Adams v. . ConoverNew York Court of Appeals · 1882
- The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
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