Ives v. Quinn
New York Court of Common Pleas
Appeal from first district court. Separate actions by Grace D. Ives against Peter Quinn, William B. Converse, William F. Bartley, and James S. Nathans, respectively, for trespass on real property. From judgments in favor of plaintiff, defendants appeal. Affirmed.
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Appeal from first district court. Separate actions by Grace D. Ives against Peter Quinn, William B. Converse, William F. Bartley, and James S. Nathans, respectively, for trespass on real property. From judgments in favor of plaintiff, defendants appeal. Affirmed. The four causes were heard together before Lynn, J., who filed the following opinion: These are actions for damages for alleged trespass by the defendants on various occasions during the first half of the month of May las-t upon plaintiff’s premises, a portion of the top floor o¡f No. 12 Vesey street. The acts complained of in the…
1Opinion of the CourtPryor, J.
In Ives v. Quinn objection is made to the jurisdiction of the court below upon two grounds: First, that the amount of the claim wras in excess of $250; and, secondly, that the action was removed into this court. Neither ground is tenable. As to the first, the action was for damages for trespass to real property, and the answer a general denial. The original demand was for $100. By amendment it was increased to $240, and the judgment rendered was within this figure. True, the bill of particulars showed a claim for $240 and treble damages, but that was ineffectual to authorize a recovery beyond…
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