Dey v. Prentiss
New York Supreme Court
Appeal from Allegany county court. Action by Samuel G. Dey against Minnie Prentiss to recover the amount expended by plaintiff in building defendant’s portion of a division fence. From a judgment entered on a verdict in favor of defendant, rendered by the direction of the court, and from an order denying a motion for a new trial, made on the minutes, plaintiff appeals. Affirmed.
1Opinion of the CourtLewis, J.
This action was brought to recover pay for building the defendant’s portion of a division fence between the lands of the parties, situate in the town of Hume, Allegany county. It was originally tried in a" justice court, where the plaintiff had a verdict. The defendant appealed, and the case was tried in the county court, where a verdict was directed for the defendant, of no cause of action.
It is alleged in the plaintiff’s complaint that the parties owned adjoining lands; that they agreed, upon the portion of the line fence between them lands which each should build; that the defendant…
2Cases cited2 opinions
- Aikin v. Albany, Vermont & Canada RailroadNew York Supreme Court · 1857
- Countryman v. DeckNew York Supreme Court · 1883
3Cited by4 opinions
- Nicholson v. 300 Broadway Realty Corp.New York Court of Appeals · 1959
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
- In Re 523 East Fifth Street Housing Preservation Development Fund Corp.United States Bankruptcy Court, S.D. New York · 1987
- Arroyo v. RosenbluthCivil Court of the City of New York · 1982