Sherman v. . Willett
New York Court of Appeals
Appeal from a judgment entered upon tlie decision of a General Term of the Supreme Court in the fourth district, affirming a judgment in favor of the plaintiff. This action was brought to recover the value of a crop of winter rye, upon an alleged conversion thereof by the defendant’s testator, Cornelius Willett, and was tried before Mr. Justice Bookes, and a jury, at the Washington County Circuit, January, 1866, resulting in a verdict for the plaintiff.
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Appeal from a judgment entered upon tlie decision of a General Term of the Supreme Court in the fourth district, affirming a judgment in favor of the plaintiff. This action was brought to recover the value of a crop of winter rye, upon an alleged conversion thereof by the defendant’s testator, Cornelius Willett, and was tried before Mr. Justice Bookes, and a jury, at the Washington County Circuit, January, 1866, resulting in a verdict for the plaintiff. Since the entry of judgment, Cornelius Willett has died, and the present defendant has been brought in as his executrix. Upon the trial, it…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The crop of rye was personal property, and as such passed to the personal representatives of Elmer Willett as assets, to be applied and distributed as part of his personal estate. (2 R.S., 82, § 6; Bradner v. Faulkner, 34 N.Y., 347.) The administrators had the right to sell it. They have always had the right to sell the personal property of their intestate, and that right is not limited by section 25, 2 R.S., 87. They have the right to sell for the payment of…
2Cases cited7 opinions
- Lane v. KingNew York Supreme Court · 1832
- Lamerson v. MarvinNew York Supreme Court · 1850
- Simers v. SaltusNew York Supreme Court · 1846
- Shepard v. PhilbrickNew York Supreme Court · 1846
- Arnot v. McClureNew York Supreme Court · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re the Estate of HeinzeNew York Court of Appeals · 1918
- Beardslee v. New Berlin Light & Power Co.New York Court of Appeals · 1912
- Chicago Joint Stock Land Bank v. McCambridgeIllinois Supreme Court · 1931
- Beckman v. SikesSupreme Court of Kansas · 1886
- Batterman v. . AlbrightNew York Court of Appeals · 1890
14 more not listed; retrieve them via the Exa API.