Curtis v. Groat
New York Supreme Court
IN error, on certiorari, from a justice’s court; Cur'- . .... . - tis sued broat before the justice, in trover, ior 600 bushels of coals.
Read the full summary
IN error, on certiorari, from a justice’s court; Cur'- . .... . - tis sued broat before the justice, in trover, ior 600 bushels of coals. The defendant pleaded that the coals were made on his land, out of his wood, and still remained there : and also, that he had sued the plaintiff at a for-7 r mer time, and the plaintiff had given in evidence, and ... ° submitted to a jury his present demand for the coal, The cause was tried by a jury, and a verdict was found for the present defendant. Upon the trial it was proved, that there had been such a former trial, in a suit in trespass for damages,…
1Opinion of the Court
Per Curiam..
The verdict of the jury Was founded upon law and evidence, and the judgment must be affirmed. It is sufficient in this case, that the demand for the coal had been once submitted to a jury, when the plaintiff was sued in a former action of trespass for cutting the timber, and that that jury passed upon this claim. But putting that former trial entirely out of question, the court are of opinion, that the plaintiff had no right to the coal. The defendant’s timber, by being cut and converted into coal, had indeed lost its primitive form, but the identity of the original material was…
2Cited by35 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Thayer v. . ManleyNew York Court of Appeals · 1878
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Hatch v. BentonNew York Supreme Court · 1849
30 more not listed; retrieve them via the Exa API.