Sheldon v. Sherman & Van Duzen
New York Supreme Court
THIS was an action tried by the court without a jury. The findings of fact, so far as material, were as follows : 1st. In March, 1859, the defendants had a large number of saw logs secured by a boom in the Hudson river at Glens Falls. 2d.
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THIS was an action tried by the court without a jury. The findings of fact, so far as material, were as follows : 1st. In March, 1859, the defendants had a large number of saw logs secured by a boom in the Hudson river at Glens Falls. 2d. During that month an unusual freshet occurred, whereby said logs were carried away, floated down said river and lodged upon the meadow lands of the plaintiff; where they remained until the next fall and winter, when they were taken away by the defendants. 3d. That said logs passed the boom, floated down said river and lodged on the lands of the plaintiff…
1Opinion of the Court
By the Oourt,
James, J.
Upon the facts found, in this case, the plaintiff insisted that he was entitled to recover as upon an implied promise, for the damages sustained by him in consequence of the logs remaining upon his land, and so the court below held. It is certain that a promise could not be implied to pay, nor a recovery had, for the damages occasioned to the plaintiff’s land by the mere lodgment of the logs on his premises; in fact, an express promise to pay for such damages would have no consideration to uphold it.
It may be said that these logs were neither purposely or wrongfully on…
2Cases cited2 opinions
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