Kerrains v. People
New York Court of Appeals
Error to the General Term of the Supreme Court in the third judicial department, to review judgment affirming a judgment of the Court of Sessions of Columbia county, entered upon a verdict convicting the plaintiff in error of assault with a deadly weapon with intent to kill. (Reported below, 1 N. Y. S. C. [T. & C.], 333.) The defendant in error had been for several years in the employ of Isaac Son, who was operating a paper-mill at Chatham, Columbia county.
Read the full summary
Error to the General Term of the Supreme Court in the third judicial department, to review judgment affirming a judgment of the Court of Sessions of Columbia county, entered upon a verdict convicting the plaintiff in error of assault with a deadly weapon with intent to kill. (Reported below, 1 N. Y. S. C. [T. & C.], 333.) The defendant in error had been for several years in the employ of Isaac Son, who was operating a paper-mill at Chatham, Columbia county. He had lived in a dwelling-house belonging to the mill property. In January, 1871, they made a new agreement; this, as stated by Son on…
1Opinion of the Court
Church, Ch. J.
The principal question of law contested on the trial, and elaborately argued in this court, is, whether the relation of master and servant, or landlord and tenant, existed between the prisoner and the prosecutor, Mr. Son, in respect to the house occupied by "the former. Although not decisive of the guilt or innocence of the prisoner, the determination of the question had properly a material influence.
If the relation of master and servant existed it would follow that the legal possession of the house was in the prosecutor, and he had the legal right to remove the furniture and…
2Cases cited3 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- People ex rel. Hubbard v. AnnisNew York Supreme Court · 1866
- Doyle v. GibbsNew York Supreme Court · 1871
3Cited by4 opinions
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- King v. . SarriaNew York Court of Appeals · 1877
- Wayne County Savings Bank v. LowNew York Court of Common Pleas · 1878
- First National Bank v. DoedenSouth Dakota Supreme Court · 1907