Bates v. Conklíng
New York Supreme Court
Error from the Otsego common pleas. Conkling sued Bates and three others in a justice’s court, and declared in trover for a quantity of cherry boards and scantling; the defendants pleaded the general issue, and justified under a judgment and execution against one Henry Randall. Before the justice, a verdict was rendered against Bates and two other defendants, and the fourth defendant (one Windsor) was acquitted.
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Error from the Otsego common pleas. Conkling sued Bates and three others in a justice’s court, and declared in trover for a quantity of cherry boards and scantling; the defendants pleaded the general issue, and justified under a judgment and execution against one Henry Randall. Before the justice, a verdict was rendered against Bates and two other defendants, and the fourth defendant (one Windsor) was acquitted. The defendants appealed to the Otsego C.P., in which court the plaintiff proved that in July, 1829, he bought of Henry Randall all the stuff which should be made out of a quantity of…
1Opinion of the Court
*391 B\j the Court,
Savage, Ch. J.
The plaintiffs in error seek to reverse the judgment of the court of common pleas on several grounds. They allege no property was shewn in the plaintiff below; that there was no delivery by Randall to him. It is a sufficient answer to this point, that no such objection was raised in the court below, where, if raised, it might possibly have been obviated by testimony. But I apprehend the evidence was sufficient; there was all the delivery necessary in the case of cumbersome articles; there was an agreement to sell; when the logs should be sawed, the stuff was to be…
2Cases cited1 opinion
- Schermerhorn v. TrippNew York Supreme Court · 1804
3Cited by32 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Liptrot v. HolmesSupreme Court of Georgia · 1846
- Velsian v. LewisOregon Supreme Court · 1888
- Hard v. ShipmanNew York Supreme Court · 1849
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