Schoonmaker v. . Hoyt
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 3, 1893, •which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The referee properly refused to find that the Palens did transfer the hemlock bark to Shults.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 3, 1893, •which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The referee properly refused to find that the Palens did transfer the hemlock bark to Shults. (Borst v. Empie, 5 N. Y. 33.) The referee was-requested to find that the Palens intended to pledge to Shults, and Shults intended to receive the title to the bark as a security for his claim,…
1Opinion of the CourtMastin, J.
This is an action to recover the value of a large quantity of hemlock bark to which the plaintiff claimed title, that was taken by the defendants and appropriated to their own use. The only question involved upon the trial or upon this appeal relates to the title to the bark thus taken.
On June 24, 18 Yl, Arthur Palen, Edward Palen and Gilbert W. Palen were the owners in fee of about thirteen hundred acres of land upon which there was standing a large number of hemlock trees, the bark upon which is the subject of this controversy. They obtained their title through a deed from Jarras B. Strong,…
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