Clason v. . Baldwin
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered April 22, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to prove a right to the possession of the property.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered April 22, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to prove a right to the possession of the property. (1 R. S. 859, § 6; Roberts v. Baumgarten, 110 N. Y. 381; Wallace v. Swinton, 64 N. Y. 188; Sedg. & Wait on Titles, § 791; Adams on Ejectment, 325; Richards v. Richards, 15 East. Rep. 294; Tyler on Ejectment, 485; Kelso v. Steiger, 24 Atl. Rep.…
1Opinion of the CourtO’Brien, J.
This action, brought to recover a parcel of real property situated at ¡No. 42 Sheriff street in the city of ¡New York, has been twice tried, and as often reviewed at the General Term, and once in this court. (Clason v. Baldwin, 129 N. Y. 183.) The present judgment avrarded the possession to the plaintiff, with damages or mesne profits in the sum of $5,337.
At the trial, upon the close of all the proofs, counsel for each party moved that a verdict be directed in his favor. The court refused to direct a verdict for the defendant, and directed a verdict for the plaintiff, to which direction and…
2Cases cited6 opinions
- Hine v. New York Elevated RailroadNew York Court of Appeals · 1896
- Sanders v. . DownsNew York Court of Appeals · 1894
- Lockwood v. . GehlertNew York Court of Appeals · 1891
- Clason v. . BaldwinNew York Court of Appeals · 1891
- May v. . TraphagenNew York Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
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- Mabie v. FullerNew York Court of Appeals · 1931
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
- Indianapolis Traction & Terminal Co. v. HenbyIndiana Supreme Court · 1912
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