Milliner v. Lucas
New York Supreme Court
Appeal by plaintiff from a judgment of the Monroe county court reversing a judgment rendered by a justice of the peace. The action was brought by Joel P. Milliner against Charles Lucas, to recover for the price of a quantity of potatoes sold and delivered to the defendant. The plaintiff claimed that the potatoes were his property, and the defendant claimed to have purchased them of one Slocum, who raised them on the plaintiff’s land.
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Appeal by plaintiff from a judgment of the Monroe county court reversing a judgment rendered by a justice of the peace. The action was brought by Joel P. Milliner against Charles Lucas, to recover for the price of a quantity of potatoes sold and delivered to the defendant. The plaintiff claimed that the potatoes were his property, and the defendant claimed to have purchased them of one Slocum, who raised them on the plaintiff’s land. The justice found for the plaintiff, and rendered judgment in his favor for $101.84 besides costs. The defendant appealed to the county court, where the judgment…
1Opinion of the CourtE. Darwin Smith, J.
The judgment rendered by the justice upon the facts was clearly warranted by the evidence, and could not be disturbed for any error in that particular. The only ground of error stated in the notice of appeal, which I think is sufficient to raise any valid ground for the review of the case, and upon which the judgment was doubtless reversed, is the fourth specification. *578“ That the justice erred in overruling the objection by the defendant’s counsel, to the question put by the plaintiffs counsel, asking the witness to go on and state what the arrangement was between plaintiff and Slocum, asked…
2Cases cited5 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Crary v. SpragueNew York Supreme Court · 1834
- Gardner v. . BardenNew York Court of Appeals · 1866
- Spencer v. Saratoga & Washington RailroadNew York Supreme Court · 1852
- Wells v. ConeNew York Supreme Court · 1864