Lobdell v. Stowell
New York County Court, Chenango County
This was an action originally commenced in a justice’s court. The plaintiff in his complaint claimed to recover the value of about one hundred bushels of corn, and fifty bushels of oats, which he raised on the defendant’s farm in the town of Afton, in the year 1863, and which defendant had in his possession and refused to deliver to plaintiff, or to let the plaintiff have after demand by plaintiff, for which plaintiff claimed to recover $100 and costs.
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This was an action originally commenced in a justice’s court. The plaintiff in his complaint claimed to recover the value of about one hundred bushels of corn, and fifty bushels of oats, which he raised on the defendant’s farm in the town of Afton, in the year 1863, and which defendant had in his possession and refused to deliver to plaintiff, or to let the plaintiff have after demand by plaintiff, for which plaintiff claimed to recover $100 and costs. The defendant in his answer sets np: First. A general denial. Second. That the corn and oats were raised on his land, and that plaintiff had…
1Opinion of the Court
H. G. Prindle, County Judge.
There was no question of fact for the jury to pass upon in this case. There was some evidence in the case in regard to what was termed by the defendant an arbitration. I hardly think what was shown amounted to an arbitration in regard to the corn and oats in question. The defendant could not avail himself of such a defense even had it existed, not haying set it up in his answer. An arbitration and award of the subject matter of a suit stands upon the same footing as a former judgment on the same matter in litigation. “ To entitle a defendant in a suit under the…
2Cases cited4 opinions
- Tripp v. RileyNew York Supreme Court · 1863
- Willard v. BridgeNew York Supreme Court · 1848
- Fobes v. ShattuckNew York Supreme Court · 1854
- Wilson v. MathewsNew York Supreme Court · 1857
3Cited by5 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Brown v. BurnapAppellate Division of the Supreme Court of the State of New York · 1897
- Van Dam v. TapscottAppellate Division of the Supreme Court of the State of New York · 1899
- Andrews v. BettsNew York Supreme Court · 1876
- Thomas v. WilliamsNew York Supreme Court · 1884