Freer v. Stotenbur
New York Supreme Court
/THIS action was brought to recover the value of a quantity JL of stone, that the defendant quarried and took from a piece of land, situated within the corporate boundaries of the village of Havana, in the county of Schuyler. The action was tried before a referee, who decided that the plaintiffs were entitled to recover the sum of $629.06 as damages.
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/THIS action was brought to recover the value of a quantity JL of stone, that the defendant quarried and took from a piece of land, situated within the corporate boundaries of the village of Havana, in the county of Schuyler. The action was tried before a referee, who decided that the plaintiffs were entitled to recover the sum of $629.06 as damages. Judgment was entered upon the decision, in favor of the plaintiffs; and the defendant appealed therefrom to the general term of the court. The other facts, necessary to a correct understanding of the points decided by this court, are contained in…
1Opinion of the Court
By the Gourt,
Balcom, P. J.
The plaintiffs claimed title to the land, from which the stone in question was quarried, under Samuel Watkins, deceased, who leased it to John T. Durkee and Asher S. Durkee, for the term of twenty years, from the first day of April, 1839, by an instrument in writing under seal, bearing date the 30th day of January in that year. The lease had not expired, and was in full force, when this action was commenced. But the plaintiffs did not claim to recover under or by virtue of any right granted by the lease, although one of them was one of the lessees named in it, and…
2Cases cited1 opinion
- Frost v. DuncanNew York Supreme Court · 1855
3Cited by4 opinions
- Iroquois Furnace Co. v. Wilkin Manufacturing Co.Illinois Supreme Court · 1899
- Andrews v. AndrewsIndiana Court of Appeals · 1903
- Seager v. McCabeMichigan Supreme Court · 1892
- Depew v. KetchumNew York Supreme Court · 1894