Betts v. Lee
New York Supreme Court
ON certiorari, from a justice’s court. Lee sued the plaintiffs in error, in the court below, for a tresnass, in _ taking and carrying away a quantity of shingles, and stuff for making shingles. Lee had cut down the timber °f which the shingles were made, on land belonging to R0lert £. Boxvne. Robert L. Boxvne.
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ON certiorari, from a justice’s court. Lee sued the plaintiffs in error, in the court below, for a tresnass, in _ taking and carrying away a quantity of shingles, and stuff for making shingles. Lee had cut down the timber °f which the shingles were made, on land belonging to R0lert £. Boxvne. Robert L. Boxvne. An action of trespass was brought ^7 Boxvne against Lee, for cutting down the trees ; and the attorney of Boxvne discontinued the suit, on the defendant’s paying thirty dollars.^ It was proved that the attorney, who settled the suit in behalf of Boxvne, had said) that in compromising…
1Per curiam
The evidence detailed in the return to the certiorari, does not prove, that when the suit for a trespass, brought by Bowne against Lee, was compromised, the attorney of Bowne, or the present plaintiffs, sold the shingles, &c. to Lee, or permitted him to take them. The thirty dollars paid by Lee to the attorney, was for the damages of the trespass he had committed, in cutting down the trees. A loose and equivocal observation made at another time to a stranger, was •not sufficient evidence to establish such a sale or consent. The settling of the suit for the trespass, and recovering a…
2Cited by32 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Spicer v. WatersNew York Supreme Court · 1866
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Ellis v. WireIndiana Supreme Court · 1870
- Murphy v. S. C. & P. R.Supreme Court of Iowa · 1881
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