Bennett v. Scutt
New York Supreme Court
This was an appeal, by the defendant, from a judgment of the Steuben county court. Bennett brought an action before a justice of the peace against Scutt, alleging in his complaint that the plaintiff, on or about the month of August, 1852, was the owner of about- 40 or 50 cords of wood, lying on the land of the defendant by his, the defendant’s, permission and consent.
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This was an appeal, by the defendant, from a judgment of the Steuben county court. Bennett brought an action before a justice of the peace against Scutt, alleging in his complaint that the plaintiff, on or about the month of August, 1852, was the owner of about- 40 or 50 cords of wood, lying on the land of the defendant by his, the defendant’s, permission and consent. That in the month of August aforesaid, the defendant set fire to his fallow, in which said wood was lying, which the defendant knew must and did burn and was consumed and destroyed, in consequence of the defendant’s setting fire…
1Opinion of the Court
By the Court, T. R. Strong, J.
The wood, for the burning of which this action was brought, was cut by the plaintiff in March or April, 1852, on the land of the defendant where it was burned, under a verbal agreement between the parties, whereby the plaintiff was to cut the wood and brush, and heap the brush, for the wood. There was some testimony tending to prove that the defendant gave verbal permission to the plaintiff that the wood might be drawn away the next winter by sleighing; and this may be treated as part of the agreement. This agreement was within the statute of frauds and void, as…
2Cases cited3 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Furniss v. BrownNew York Supreme Court · 1853
3Cited by11 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Owens v. LewisIndiana Supreme Court · 1874
- Harris v. . FrinkNew York Court of Appeals · 1872
- Jenkins v. LykesSupreme Court of Florida · 1882
- Wiley v. SlaterNew York Supreme Court · 1856
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