Duclos v. . Kelley
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 23, 1907, upon an order which modified a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term by directing that the defendant be enjoined from cutting or removing timber from property described in the complaint, and that the defendant pay to the plaintiff the costs of the action, and as thus modified…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 23, 1907, upon an order which modified a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term by directing that the defendant be enjoined from cutting or removing timber from property described in the complaint, and that the defendant pay to the plaintiff the costs of the action, and as thus modified affirming the judgment appealed from, with costs to the plaintiff. The nature of the action and the facts, so far as material,…
1Opinion of the CourtChase, J.
This action is brought to enjoin the defendant from cutting certain growing timber from the lands in the complaint described. The issues were tried, and one of the principal contentions at the trial related to the construction of a written contract by which the plaintiff authorized the defendant for the consideration therein named to cut pine, spruce and hemlock upon certain lands therein described. The action was tried as one in equity, but a jury being present was impaneled by the court, and at the close of the testimony the court submitted to the jury two questions to be answered by them,…
2Cases cited11 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Carr v. . CarrNew York Court of Appeals · 1873
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Putnam v. . Lincoln Safe Deposit Co.New York Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lamport v. . SmedleyNew York Court of Appeals · 1914
- Riker v. . GwynneNew York Court of Appeals · 1911
- Elliott v. . Guardian Trust Co.New York Court of Appeals · 1912
- Matter of City of New York (Brooklyn-Queens Hwy.)New York Court of Appeals · 1949
- Hirsch v. . New England Navigation Co.New York Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.