Armstrong v. Bicknell
New York Supreme Court
Appeal from a judgment on the report of a referee. The complaint averred the conversion of a quantity of winter wheat, the plaintiff’s property, by the defendant, on the 15th August, 1867. The answer denied each and every allegation of the complaint, and set up a sale of the wheat to the defendant on the 9th July, 1867, under a judgment in his favor against one Clute, recovered April 13th, 1867, upon which execution had been issued, and levy made.
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Appeal from a judgment on the report of a referee. The complaint averred the conversion of a quantity of winter wheat, the plaintiff’s property, by the defendant, on the 15th August, 1867. The answer denied each and every allegation of the complaint, and set up a sale of the wheat to the defendant on the 9th July, 1867, under a judgment in his favor against one Clute, recovered April 13th, 1867, upon which execution had been issued, and levy made. The plaintiff proved an agreement between the defendant and one Clute, dated March 1st, 1866, by which the defendant had let his farm to the latter…
1Opinion of the Court
By the Court
Johnson, P. J.
It is very clear that this judgment cannot be sustained upon the ground on which it was ordered by the referee. He places his decision upon the sole ground that Clute, the plaintiff’s vender, had no interest in the crop of wheat growing on the defendant’s premises on the 4th of April, 1867, when he sold and assigned his interest therein to the plaintiff. The referee finds as matter of fact that the crop was put in by Clute, under and in pursuance of the agreement between him and the defendant, and that the plaintiff was a bona fide purchaser for a valuable…
2Cases cited3 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Dinehart v. WilsonNew York Supreme Court · 1853
- Buckingham v. PayneNew York Supreme Court · 1861
3Cited by2 opinions
- Irish v. GreenbergNew York Supreme Court · 1925
- Reynolds v. ReynoldsNew York Supreme Court · 1888