Schoonmaker v. Hoyt
New York Supreme Court
Appeal from judgment on report of referee. Action "by Elijah R. Schoonmaker against William Hoyt and another. From a judgment in favor of plaintiff entered in Cattaraugus county, defendants appeal.
1Opinion of the CourtHaight, J.
This action was brought to recover the value of a quantity of hemlock bark which the defendants had peeled and removed from the trees on which it grew. The defense was that the defendants were the owners of the bark. It appears that on the 8th day of December, 1869, one Job Moses was the owner in fee of certain lands in Cattaraugus county, known and described on a certain map made by Joseph Ellicott, surveyor of the Holland Land Company, as ‘Lots numbers 71, 60, 68, 66, 55, and 19,” on which were growing a large number of hemlock trees. It further appears that Arthur Palen, Edward Palen, and…
2Cases cited2 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- Rose v. . BunnNew York Court of Appeals · 1860