Tripp v. Riley
New York Supreme Court
Appeal from the decision of the Wayne county court, reversing a judgment of a justice of the peace. The action was brought to recover the value of the plaintiff’s interest in a quantity of wheat., about seventy bushels, which it was alleged the plaintiff and one Thomas Hare owned in common.
Read the full summary
Appeal from the decision of the Wayne county court, reversing a judgment of a justice of the peace. The action was brought to recover the value of the plaintiff’s interest in a quantity of wheat., about seventy bushels, which it was alleged the plaintiff and one Thomas Hare owned in common. The defendants, by their answer, denied the allegations in the complaint, and alledged that if any wheat was taken it was by virtue of an attachment in favor of John Wells and Philip 0. Wells, against Thomas Hare, to whom the wheat belonged. Hare was examined as a witness, and testified that he raised the…
1Opinion of the Court
By the Court, Johnson, J.
Hare raised the wheat in question upon shares. He was to deliver to Wells, his landlord, one-half the crop, thrashed and cleaned in the half bushel. He agreed with the plaintiff to thrash the crop on shares, he the plaintiff to have one tenth, or every tenth bushel, for thrashing. *335The case of Putnam v. Wise, (1 Hill, 234,) holds that where a tenant who had taken land to work on shares, after his agreement with the landlord, entered into an agreement with third persons to do a portion of the work and take a certain share of the crops raised, all the parties, including…
2Cases cited1 opinion
- Gilbert v. DickersonNew York Supreme Court · 1831
3Cited by16 opinions
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Louisville, New Albany & Chicago Railway Co. v. HartIndiana Supreme Court · 1889
- Goodwin v. . GriffisNew York Court of Appeals · 1882
- Loker v. EdmansAppellate Division of the Supreme Court of the State of New York · 1923
- Newton v. HoweWisconsin Supreme Court · 1872
11 more not listed; retrieve them via the Exa API.