Pierrepont v. . Barnard
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fifth district, where a judgment in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed.
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Appeal from the general term of the Supreme Court, in the fifth district, where a judgment in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed. (Reported below, after a former trial, 5 Barb. 364.) This was an action of traver, brought by William 0. Pierrepont, and others, executors of Hezekiah B. Pierrepont, deceased, against Barnard, the defendant, for a large quantity of pine lumber and logs, alleged to have been converted by the defendant to his own use. The declaration was in the usual form, and the defendants pleaded the general issue. On the…
1DissentGridley, J.
(Dissenting.) — This action was trover for the conversion of a-large quantity of pine lumber, which was seized and . sold by the defendant, on an execution against John R. and Hiram Woodworth. The premises on which the timber grew, from, which the lumber was manufactured, were known as lot No. 155, in Richland, in the. county, of Oswego. This lot. had been contracted to be sold to the Woodworths, by an agreement executed by William C. Pierrepont, by virtue of a power conferred upon him by the last will of Hezekiah B. Pierrepont, deceased. The contract contained a clause by which the…
2Cases cited12 opinions
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- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mooers v. WaitNew York Supreme Court · 1829
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Suydam v. JonesNew York Supreme Court · 1833
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