Dexter v. Bevins
New York Supreme Court
THIS is an appeal from the judgment of the county court of the county of Sullivan reversing a judgment rendered in a justice’s court in favor of the above named plaintiff against the above named defendant, for taking and converting to his use a quantity of cord wood, to which the plaintiff claimed title.
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THIS is an appeal from the judgment of the county court of the county of Sullivan reversing a judgment rendered in a justice’s court in favor of the above named plaintiff against the above named defendant, for taking and converting to his use a quantity of cord wood, to which the plaintiff claimed title. The plaintiff and one Daniel Roberts entered into the following agreement: “Agreement made the 15th day of April, 1859, between Jonathan Dexter of the one part, and Daniel Roberts, jr. of the other part, witnesseth. The said Dexter to sell to Roberts one pair of horses and wagon, for $280, to…
1Opinion of the Court
*575 By the Court,
Ingalls, J.
In considering the evidence, upon this appeal, we must assume that the jury determined adversely to the plaintiff the questions of fact upon which there is a conflict of -evidence. And this court will not interfere with the verdict of the jury upon a disputed question of -fact, where the evidence is conflicting. (Baum v. Tarpenny, 3 Hill, 75. Adsit v. Wilson, 7 How. Pr. Rep. 64. Bennett v. Scutt, 18 Barb. 347. Rathbone v. Stanton, 6 id. 141.) The question then to be determined upon this appeal is, whether from the undisputed facts, the plaintiff was entitled to the…
2Cases cited8 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Ward v. ShawNew York Supreme Court · 1831
- Olyphant v. BakerNew York Supreme Court · 1848
- M'Donald v. HewettNew York Supreme Court · 1818
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
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3Cited by3 opinions
- Burrows v. . WhitakerNew York Court of Appeals · 1877
- Wilkinson v. PettitNew York Supreme Court · 1866
- Burrows v. WhitakerNew York Supreme Court · 1876