Kellam v. . McKinstry
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants entered upon- a verdict. (Reported below, 6 Hun, 381.) This action was for the alleged conversion of a quantity of hemlock bark.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants entered upon- a verdict. (Reported below, 6 Hun, 381.) This action was for the alleged conversion of a quantity of hemlock bark. In June, 1859, one Corbin being in possession of 300 acres of land, which he held under a contract of sale from one Tuttle, entered into a contract in writing with Simeon D. Wood and Aaron Van Benschoten, by which ho agreed to sell to said Wood and Van Benschoten all the hemlock bark then on the trees standing and growing on…
1Opinion of the CourtMiller, J.
The plaintiff’s claim to recover the value of the hemlock bark in question arises as assignee of a contract made between one Corbin of the first part, and Wood and Van Benschoten of the second part, by which Corbin agreed to sell and convey, and did thereby sell and transfer to Wood and Van Benschoten all the hemlock bark on the trees standing and growing upon a tract of land therein described. The contract contained a clause by Avhich the parties of the second part agreed to peel said bark, and “to have said bark all peeled by the first of September, 1864, piled, measured, and settled for in…
2Cases cited6 opinions
- Warren v. LelandNew York Supreme Court · 1847
- Aikin v. Albany, Vermont & Canada RailroadNew York Supreme Court · 1857
- Boisaubin v. ReedNew York Court of Appeals · 1866
- Betts v. PerineNew York Supreme Court · 1835
- Jackson ex dem. Hardenburgh v. McClallenNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Adkins v. HuffWest Virginia Supreme Court · 1906
- Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880
- In Re the Arbitration Between El Hoss Engineering & Transport Co. & American Independent Oil Co.District Court, S.D. New York · 1960
- Null v. ElliottWest Virginia Supreme Court · 1902
- Webber v. ProctorSupreme Judicial Court of Maine · 1896
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