Bass v. Pierce
New York Supreme Court
This action was eommencea before a justice of the peace of Monroe county. The plaintiff complained against the defendant for breaking and entering the plaintiff’s close and carrying away a cow in the plaintiff’s keeping. The defendant put in an answer denying the allegations in the complaint, and asserting a right to the cow, by virtue of a chattel mortgage.
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This action was eommencea before a justice of the peace of Monroe county. The plaintiff complained against the defendant for breaking and entering the plaintiff’s close and carrying away a cow in the plaintiff’s keeping. The defendant put in an answer denying the allegations in the complaint, and asserting a right to the cow, by virtue of a chattel mortgage. The issue was tried by a jury, who found a verdict for the plaintiff for $30, and from the judgment rendered thereon, by the justice, the defendant appealed to the county court. That court reversed the judgment of the justice, and the…
1Opinion of the Court
By the Court, Johnson, J.
It is not material in this case whether Charles Gould or his wife was the owner of the cow in question, as the evidence shows quite clearly that neither gave consent to her being put into the mortgage when it was executed. And besides, if there was any dispute about the fact, the verdict of the jury must be regarded as having settled the question. The case turns wholly, as I think, upon the question, whether or. not the plaintiff was an agister of the animal. The evidence shows that the plaintiff was hired by Gould to pasture the cow at two shillings and sixpence per…
2Cited by3 opinions
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Bartels v. ArmsSupreme Court of Colorado · 1876
- Weymouth v. GileSupreme Judicial Court of Maine · 1881