Sheldon v. Skinner
New York Supreme Court
Error from the Monroe common pleas. Skinner sued Sheldon in a justice’s court, and declared in one count in trover for the conversion of fifty hogs, and in another count in case on bailment, by which the plaintiff let the defendant have fifty hogs to fatten on shares; that the defendant turned the hogs into the highway and they were lost.
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Error from the Monroe common pleas. Skinner sued Sheldon in a justice’s court, and declared in one count in trover for the conversion of fifty hogs, and in another count in case on bailment, by which the plaintiff let the defendant have fifty hogs to fatten on shares; that the defendant turned the hogs into the highway and they were lost. The defendant^) leaded, 1. Not guilty, and 2. That on or about the 1st August, 1828, the plaintiff put with the defendant fifty hogs to fat and keep through the butchering season, (the defendant being a butcher,) and to deliver to the plaintiff one half;…
1Opinion of the Court
By the Court,
Savage, Ch. J.
What particular points were discussed in the court helow, the bill of exceptions does not disclose. I presume, however, that the ground on which the court decided was that the tender should have been made to the plaintiff at his yard, where the hogs were taken by the defendant: and that turning the plaintiff’s share of them into the street was not a delivery to the plaintiff. The contract, as stated, is merely that the defendant should fatten the plaintiff’s hogs on shares. What share each was to have is not stated. It is fair to presume that each was to have half,…
2Cited by15 opinions
- Williams v. . HaysNew York Court of Appeals · 1894
- Mitchell v. RobertsUnited States Circuit Court · 1883
- Lamb v. LathropNew York Supreme Court · 1834
- Des Arts v. . LeggettNew York Court of Appeals · 1858
- Fordyce v. HathornSupreme Court of Missouri · 1874
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