Noble v. Smith
New York Supreme Court
'This was an action of trespass, for breaking and entering the close of the plaintiff, cutting down, taking and carrying away the wheat in the straw, which was there standing, and converting the same to his own use. The cause was tried at the Jtensselaer circuit in May, 1806, before Mr. Chief Justice Kent.
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'This was an action of trespass, for breaking and entering the close of the plaintiff, cutting down, taking and carrying away the wheat in the straw, which was there standing, and converting the same to his own use. The cause was tried at the Jtensselaer circuit in May, 1806, before Mr. Chief Justice Kent. The plaintiff proved that he was put into possession of the locus in quoin March, 1805, by the sheriff of Rensselaer county, by virtue of a writ of kahere facias possessionem, issued on a judgment in ejectment against one Hallett, and that he continued in possession to the time of the…
1Opinion of the Court
Kent. Ch. J.
delivered the opinion of the court.
This case presents the following questions. 1. Can property in corn growing, be transferred by gift ? 2. Is there here the requisite evidence of such a gift ?
- After a consideration of this case, I am satisfied- that the opinion which I gave at the circuit, upon the trial of this cause, was incorrect.
Lord Coke is reported to have said, in Wortes v. Clifton, (1 Rol. Rep. 61.) that by the civil law, a gift of goods was not valid without delivery, but that it was otherwise by our law. This is a very inaccurate dictum, and the difference between the…
2Cited by9 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Carpenter ex rel. Carlton v. DodgeSupreme Court of Vermont · 1848
- Allen v. CowanNew York Supreme Court · 1858
- Seaman v. WardNew York Court of Common Pleas · 1856
- White v. ArthurCalifornia Supreme Court · 1881
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