Ingalsbee v. Wood
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought by the plaintiff, as assignee of the owner, to recover the value of a horse, harness and robes, which were destroyed by fire in the barn connected with the defendant’s inn. The action was tried at the Washington county circuit, in May, 1851, when the plaintiff was nonsuited. The facts appearing in evidence are set forth, in sufficient detail, in the opinions below.
1Opinion of the CourtBocees, J.
This is an appeal from a judgment, with a case containing exceptions. On looking into the case we find that the action was tried before the court with a jury, and involved two questions of fact only; all others being admitted or undisputed. One question was whether the plaintiff’s assignor was the guest of the defendant, who was an innkeeper, at the time of the destruction of the property. The other was, as to the value of the property destroyed. By the *453agreement of the parties, the former was left to be determined by the court, and the jury found on the question of value. The judge reserved…
2Cases cited4 opinions
- McDonald v. EdgertonNew York Supreme Court · 1849
- Merritt v. ClaghornSupreme Court of Vermont · 1851
- Fox v. McGregorNew York Supreme Court · 1851
- Partridge v. McMartinNew York Supreme Court · 1841
3Cited by17 opinions
- Louisville & Portland Canal Co. v. MurphyCourt of Appeals of Kentucky · 1872
- Waters Co. v. . GerardNew York Court of Appeals · 1907
- Schuler v. Board of SupervisorsSouth Dakota Supreme Court · 1900
- Curtis v. MurphyWisconsin Supreme Court · 1885
- Crapo v. RockwellNew York Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.