Legal Opinion

Felts v. Collins

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 3 opinions

Appeal by the defendants, William B. Collins and others, from a judgment of the County Court of Columbia county in favor .of the plaintiff, entered, in the office of the. clerk of the county, of Columbia on- the 19th day of June, 1899, upon the verdict of a.jury, with notice of an intention to bring, up for review upon such appeal an order entered in said.clerk’s office on the 15th day of June^ 189.9, denying, the defendant’s, motion ■ for a new trial made upon the minutes.…

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Appeal by the defendants, William B. Collins and others, from a judgment of the County Court of Columbia county in favor .of the plaintiff, entered, in the office of the. clerk of the county, of Columbia on- the 19th day of June, 1899, upon the verdict of a.jury, with notice of an intention to bring, up for review upon such appeal an order entered in said.clerk’s office on the 15th day of June^ 189.9, denying, the defendant’s, motion ■ for a new trial made upon the minutes. . The. plaintiff, in her.complaint, alleges that in. the.month of April, 1899, the defendants unlawfully, wrongfully and…

1Opinion of the Court

Herrick, J.:

The case was tried apparently both as an action- of trespass and as an action for conversion.

In its charge to the jury the court said : “ As to the valué of the property taken, if you find the defendants, or any of them, were guilty of a trespass in taking it, you would have a right to find a verdict from the testimony as to the value of that property. I think the extreme amount has been sworn to at $350: And in addition to that, if yon should find that these defendants, or any of them, had committed a trespass by entering u]Don the premises unlawfully, you *334would have a right to…

2Cases cited4 opinions

  1. Lebarron v. . BabcockNew York Court of Appeals · 1890
  2. Dyckman v. . ValienteNew York Court of Appeals · 1870
  3. Seldon v. HickockNew York Supreme Court · 1804
  4. St. John v. StandringNew York Supreme Court · 1807

3Cited by3 opinions

  1. Weiss v. WeissAppellate Terms of the Supreme Court of New York · 1912
  2. Felts v. CollinsAppellate Division of the Supreme Court of the State of New York · 1901
  3. Felts v. CollinsAppellate Division of the Supreme Court of the State of New York · 1901

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