Channon v. Lusk
New York Supreme Court
This was an'appeal by the' defendant from a judgment of a County Court upon the verdict of a jury after trial on ' appeal from the court of a justice of' the peace. The complaint set forth an action in the nature of trover for certain crops and’other'farm produce, and demanded judgment for $200. The answer was" a general denial. The plaintiff had a verdict before the justice for the amount demanded in the complaint.
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This was an'appeal by the' defendant from a judgment of a County Court upon the verdict of a jury after trial on ' appeal from the court of a justice of' the peace. The complaint set forth an action in the nature of trover for certain crops and’other'farm produce, and demanded judgment for $200. The answer was" a general denial. The plaintiff had a verdict before the justice for the amount demanded in the complaint. It appeared that the plaintiff had let his farm to the defendant to work upon shares, and that the plaintiff was entitled to one-third of the crops and of other produce; the grain…
1Opinion of the Court
By the Court
— Johnson, P. J.
Unless we can hold that the act of the defendant in refusing to allow the plaintiff to clean up the oats, so that they might be divided in the half bushel, according to the contract, and to divide them and take away his share, is a conversion of the plaintiff’s sole property, this action cannot be maintained. Unless that was-a conversion, there was nothing which amounted to a conversion by the defendant, until some time after the action w|ts commenced before the justice, which was the 27th of *213April, 1863. The plaintiff’s agreement for the occupation of the premises…
2Cases cited4 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Tripp v. RileyNew York Supreme Court · 1863
- Farr v. SmithNew York Supreme Court · 1832
- Clark v. . GriffithNew York Court of Appeals · 1862
3Cited by13 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Louisville, New Albany & Chicago Railway Co. v. HartIndiana Supreme Court · 1889
- Stall v. . WilburNew York Court of Appeals · 1879
- Nash v. BrewsterSupreme Court of Minnesota · 1888
- Gates v. . BowersNew York Court of Appeals · 1901
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