Rawley v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, jn the third judicial department, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover possession of a quantity of personal property, the products of a farm in Cortland county, which farm was owned by plaintiff, as were also the farming implements, the teams, and the live stock on the farm used in carrying it on.
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Appeal from judgment of the General Term of the Supreme Court, jn the third judicial department, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover possession of a quantity of personal property, the products of a farm in Cortland county, which farm was owned by plaintiff, as were also the farming implements, the teams, and the live stock on the farm used in carrying it on. The farm was worked by one James H. Eawley, the son of the plaintiff; defendant claimed title to the property in question as purchaser under sale…
1Opinion of the CourtAllen, J.
It was assumed, and not denied upon the trial, that the farm, the products of which were the subject of the Etigation, was owned by the plaintiff. The judge at Circuit on being asked to charge the jury, among other things, “that the proof is that the farm is, and was, the farm of Daniel Eawley, and that that fact is undisputed,” replied, t£ That is so ; the proof, so far as it goes, is to that effect.” The case was submitted to the jury upon that theory, and all the instructions to them were based upon' the plaintiff’s ownership of the farm.
The verdict passed against the plaintiff upon the…
2Cited by23 opinions
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- Rabinof v. United StatesDistrict Court, S.D. New York · 1971
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