Seneca Nation of Indians v. Hammond
New York Supreme Court
Appeal from an order directing a nonsuit. The action was brought by the Seneca ¡Nation of Indians against William W. Hammond and Henry A. Schlendee, to recover.for a quantity of hemlock bark taken from the reservation and sold to defendants. The complaint contained three counts.
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Appeal from an order directing a nonsuit. The action was brought by the Seneca ¡Nation of Indians against William W. Hammond and Henry A. Schlendee, to recover.for a quantity of hemlock bark taken from the reservation and sold to defendants. The complaint contained three counts. The first and second stated causes of action under sections 21 find 22 of chapter 365 of the Laws of 1847 (amending the act of 1845, chapter 150), and the third alleged the conversion of a quantity of hemlock bark, the property of the plaintiff. On the trial, the plaintiff’s counsel elected to rest his case on the…
1Opinion of the CourtGilbert, J.
The plaintiff was nonsuited, but on what grounds does not appear. The action was for the recovery of the value of a quantity of bark, which the defendants purchased for a firm in Buffalo, upon an agreed commission of twenty-five cents per cord, the firm in Buffalo furnishing the money wherewith the purchases were made. The bark was taken from trees upon the Cattaraugus reservation, by individual Indians, and sold to thé defendants by intermediate parties. It was claimed on behalf of the plaintiff, that the defendants knew, or had good reason to suspect, that the bark had been taken from the…
2Cases cited4 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
- Blacksmith v. . FellowsNew York Court of Appeals · 1852
- Lake v. Artisans' BankNew York Court of Appeals · 1867