Tyler v. Strang & Tioga Rail Road
New York Supreme Court
APPEAL from a judgment rendered upon the verdict of a jury. The action was brought to recover the value of a quantity of lumber. The defendants claimed title to the lumber, derived from a sale under a judgment recovered in Pennsylvania, in favor of the defendant Strang, and others, against Asaph Colborne, on a foreign attachment. The jury found a verdict in favor of the plaintiff for $230. His claim amounted to between $3000 and $4000 ; and he appealed from the judgment.
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APPEAL from a judgment rendered upon the verdict of a jury. The action was brought to recover the value of a quantity of lumber. The defendants claimed title to the lumber, derived from a sale under a judgment recovered in Pennsylvania, in favor of the defendant Strang, and others, against Asaph Colborne, on a foreign attachment. The jury found a verdict in favor of the plaintiff for $230. His claim amounted to between $3000 and $4000 ; and he appealed from the judgment. The opinion of the court states the material facts appearing in evidence, and the legal questions arising on the trial.
1Opinion of the Court
By the Court, T. R. Strong, J.
The plaintiff gave in evidence, in support of his claim of title to the lumber in question, a contract between Eli C. Clark and Asaph Colborn, dated the first day of March, 1851, for the sale by the former to the latter, of certain lands in Tioga county, Pennsylvania, with the logs cut thereon—from which logs it was proved the lumber was manufactured; an assignment by Colborn of his interest in the contract to the plaintiff, dated the 3d day of April, 1851; and a bill of sale from Clark, dated the 5th day of January, 1852, of all his right, title and interest in…
2Cases cited2 opinions
- Vanbuskirk v. Hartford Fire Insurance Co.Supreme Court of Connecticut · 1842
- Clark v. TuckerThe Superior Court of New York City · 1848
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- Morgan v. KingWest Virginia Supreme Court · 1886
- Strahorn-Hutton-Evans Commission Co. v. FlorerSupreme Court of Oklahoma · 1898
- Richardson v. ShelbySupreme Court of Oklahoma · 1895
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