Brooks v. Galster
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The plaintiff’s claim was for a conversion of a quantity of nursery trees growing upon the land of the defendant. The land originally belonged to Ephraim C. Fitzgerald, and he leased ten acres to H. M. Banny and H. M. Conkling for a nursery, from year to year. The lease appears, to have been in writing, but it was not produced or proved on the trial.
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APPEAL from a judgment entered upon the report of a referee. The plaintiff’s claim was for a conversion of a quantity of nursery trees growing upon the land of the defendant. The land originally belonged to Ephraim C. Fitzgerald, and he leased ten acres to H. M. Banny and H. M. Conkling for a nursery, from year to year. The lease appears, to have been in writing, but it was not produced or proved on the trial. Conkling afterwards sold the nursery to Banny, and afterwards the trees were sold by the. sheriff on an execution against Banny, to James Johnson, and Johnson sold them to J. Dwight…
1Opinion of the Court
By the Court, Morgan, J.
The case contains numerous propositions of law and fact, which are not deemed- material in the consideration of the only- question involved in this appeal. It is unnecessary to concur with the referee in all his conclusions, for if he is right as to the contract or letting between' Brintnall and the plaintiff, there is no ground upon which the plaintiff can claim the property after the first day of April, 1867, as against the defendant.
Passing over all the leases down to the letting made by Brintnall in 1865, and conceding that by the terms of that contract the…
2Cases cited1 opinion
- King v. WilcombNew York Supreme Court · 1849
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- Bernheimer v. AdamsAppellate Division of the Supreme Court of the State of New York · 1902
- Massachusetts National Bank v. ShinnAppellate Division of the Supreme Court of the State of New York · 1897
- Vleck v. WhiteAppellate Division of the Supreme Court of the State of New York · 1901
- Depew v. KetchumNew York Supreme Court · 1894
- Landon v. Board of SupervisorsNew York Supreme Court · 1881