Legal Opinion

Reeder v. . Sayre

New York Court of Appeals

Decided June 19, 1877PublishedCited by 100 opinions

Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 6 Hun, 562.) This action was brought to recover for the alleged conversion of a quantity of wheat.

Read the full summary

Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 6 Hun, 562.) This action was brought to recover for the alleged conversion of a quantity of wheat. In the spring of 1871 James H. Reeder, Lyman Reeder and James M. Reeder agreed, by parol, with one Tut-hill to lease of him a farm in Yates county for two years from April 1st, 1871, at an annual rental of $500, the lessees' to have the privilege of sowing and…

1Opinion of the CourtFolger, J.

The plaintiffs entered upon the premises, relying upon an oral lease from Tuthill, the owner, for the term of two years’ occupation of the premises, with the privilege of two crops of wheat. One of those crops would mature and be reaped during the term of two years’ occupation. The other would not. It must have much of its growth and must be reaped after the two years had expired. The rent was fixed at $500 for each year. It was paid. The plaintiffs went into occupation, in pursuance of what passed, orally, between them and Tuthill. That oral agreement was void, by the statute of frauds, as…

2Cases cited9 opinions

  1. Lounsbury v. . PurdyNew York Court of Appeals · 1859
  2. Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
  3. Harris v. . FrinkNew York Court of Appeals · 1872
  4. Allen v. JaquishNew York Supreme Court · 1839
  5. Lounsbery v. . SnyderNew York Court of Appeals · 1865

4 more not listed; retrieve them via the Exa API.

3Cited by100 opinions

  1. Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
  2. Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Adams v. . City of CohoesNew York Court of Appeals · 1891
  5. Harris v. . TumbridgeNew York Court of Appeals · 1880

95 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API