Hopkins v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert L. Davis, from a judgment of the Supreme Court-in favor of the plaintiff, entered in the office of the cleric of the county of Queens on the 14th day of April, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order bearing date the 13th day of April, 1897, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes,
1Opinion of the Court
Cullen, J.:
This is an action of replevin to recover possession of a mare. Plaintiff gave possession of the mare to one Pickhardt for the purpose of trial, and afterwards negotiations were had between the parties respecting a purchase by the latter. The plaintiff’s testimony was to the effect that Pickhardt offered tó buy at the price of $250, which offer the plaintiff refused, demanding $300 ; that thereupon Pickhart ■ proposed that he would train the mare, enter her, and,if she got any of the stakes in the first three races in which she started, he would give $300 for her. The plaintiff…
2Cited by2 opinions
- Creamery Package Manufacturing Co. v. HortonAppellate Division of the Supreme Court of the State of New York · 1917
- Rathowsky v. DunnNew York Supreme Court · 1900