Baker v. . Hart
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of February, 1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts so far as material, are stated in the opinion. The plaintiffs fail to show any ownership of the granite blocks in question.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of February, 1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts so far as material, are stated in the opinion. The plaintiffs fail to show any ownership of the granite blocks in question. (Grubb v. Bayard, 2 Wall., Jr, 81; 2 Washb. on Real Prop. 376; Doe v. Wood, 2 B. & A. 724, 738; Clement v. Youngman, 40 Penn. St. 341; Bainbridge…
1Opinion of the CourtFinch, J.
The complaint in this action alleged that the plaintiffs were the lessees of a lot of land containing twenty-five acres; that under said lease, they had the sole and exclusive right of entering upon the leased land for the purpose of quarrying, cutting, crushing and removing stone therefrom; that the defendants wrongfully entered upon the premises and quarried stone belonging to the plaintiffs, and had converted the same to their own use; and that the plaintiffs had thereby suffered damage which they claimed to recover.
Hpon the trial, the plaintiffs produced their lease from the owner of the…
2Cases cited2 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Grubb v. BayardU.S. Circuit Court for the District of Eastern Pennsylvania · 1851
3Cited by25 opinions
- Freund v. Washington Square Press, Inc.New York Court of Appeals · 1974
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- Eden Stone Co. v. Oakfield Stone Co.Court of Appeals of Wisconsin · 1991
- American East India Corp. v. Ideal Shoe Co.District Court, E.D. Pennsylvania · 1975
- Campbell v. SmithIndiana Supreme Court · 1913
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