Colton v. Jones
The Superior Court of New York City
This was an action brought to recover damages for a "forcible entry on the plaintiffs premises and carrying away his goods. It appeared on the trial, that the plaintiff hired the premises in question, on the 24th of September, 1866, from one Townsend, whose tenant he was, Townsend hired the room from the defendant’s mother, and was her tenant. His lease expired on the first day of December, 1866, when Townsend quit and surrendered the keys and possession to Mrs. Jones.
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This was an action brought to recover damages for a "forcible entry on the plaintiffs premises and carrying away his goods. It appeared on the trial, that the plaintiff hired the premises in question, on the 24th of September, 1866, from one Townsend, whose tenant he was, Townsend hired the room from the defendant’s mother, and was her tenant. His lease expired on the first day of December, 1866, when Townsend quit and surrendered the keys and possession to Mrs. Jones. The plaintiff testified that he hired from Townsend up to May 1st, which the latter denied, and testified that the plaintiff…
1Opinion of the Court
Robertson, Ch. J.
The learned judge, before whom the issues of fact in this action were tried, charged the jury, “ that the only question for them to consider was the amount of damages, and that they should “ render a verdict for *. * the value of the property, at the time a demand was made by the plaintiff for its delivery.” He thus confined them to giving damages for the trespass charged in the complaint, of taking away and converting the property therein mentioned, and withdrew from their consideration all other matters charged in the complaint.
The counsel for the defendant requested the…
2Cases cited6 opinions
- Wheeler v. SmithSupreme Court of the United States · 1850
- Aikin v. BuckNew York Supreme Court · 1828
- Lovett v. PellCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cooper v. BissellNew York Supreme Court · 1819
- Demick v. ChapmanNew York Supreme Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gaines v. City of New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1883
- Doyle v. American Wringer Co.Appellate Division of the Supreme Court of the State of New York · 1901