Davison v. Powell
New York Supreme Court
C. L. Allen, James and Rosekrans, Justices. This is an appeal from a judgment entered upon the report of a referee. The complaint is for work and labor for the defendant in sawing lumber, viz: “ that he sawed and converted logs into boards on the days, at the times, and in the manner, and at the prices therefor charged in the annexed account, which he refers to. as part of his complaint,” and that the defendant is indebted to the plaintiff in respect to snch work, labor and-…
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C. L. Allen, James and Rosekrans, Justices. This is an appeal from a judgment entered upon the report of a referee. The complaint is for work and labor for the defendant in sawing lumber, viz: “ that he sawed and converted logs into boards on the days, at the times, and in the manner, and at the prices therefor charged in the annexed account, which he refers to. as part of his complaint,” and that the defendant is indebted to the plaintiff in respect to snch work, labor and- services, in the sum of $178.09, after making all proper deductions and credits, &c. The bill of items is annexed and…
1Opinion of the Court
By the court—Potter, Justice.
There is some evidence to sustain the referee’s third- finding. Peter Bortle, a witness, states, that “ about twenty-five of the oak logs were unsound and not used, not fit for lumber; Powell drew them, away; one or two pine logs were bad.”
Christopher A. Brown testifies, that Powell gave away two logs. Frederick D. Morehouse, says, “ I sawed one of Powell’s logs for Porter, and charged the sawing to him.” Bansom Baker says, “ four or five of the oak logs were rotten or dozy.” There is also some evidence to sustaiU that part of the 14th finding excepted to by the…
2Cases cited1 opinion
- Sickles v. MatherNew York Supreme Court · 1838
3Cited by6 opinions
- Scovill v. BarneyOregon Supreme Court · 1872
- Ladd & Bush v. SearsOregon Supreme Court · 1881
- Taggart v. FoxNew York Court of Common Pleas · 1882
- Clark v. DillonNew York Court of Common Pleas · 1882
- Stroud v. TiltonNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.