Dexter v. Lathrop
Pennsylvania Court of Common Pleas, Tioga County
No. 68 July Term 1889, Sup. Ct.; court below, No. 545 November term 1886, C. P. On December 1,1886, Mary C. Dexter and John M. Dexter, her husband, in the right of said Mary 0. Dexter, brought trover against C. C. B. Walker and Austin Lathrop, Jr., and on January 11, 1887, filed a statement of claim which closed: “ This action of trover is brought to recover treble damages, under § 3 of the act of March 29,1824, [8 Sm.
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No. 68 July Term 1889, Sup. Ct.; court below, No. 545 November term 1886, C. P. On December 1,1886, Mary C. Dexter and John M. Dexter, her husband, in the right of said Mary 0. Dexter, brought trover against C. C. B. Walker and Austin Lathrop, Jr., and on January 11, 1887, filed a statement of claim which closed: “ This action of trover is brought to recover treble damages, under § 3 of the act of March 29,1824, [8 Sm. L. 283] for the timber and lumber cut down, felled, carried away and converted as aforesaid, by and to the use of the defendants.” The defendants pleaded not guilty and the…
1Opinion of the Court
Opinion,
Me. Justice Williams:
This case depends on the construction of the contract of March 1, 1850, between Silas Billings, of the one part, and Andrus and Langdon of the other part. It is what is known *579as a timber contract, was made forty years ago when the facilities for transportation were less, and the cost much more, than now, and it should be read in the light which the business to which it relates, with the incidents and usages of that business as then conducted, may throw upon it.
The cost of transporting logs to a mill, and the sawed lumber from the mill to some line of…
2Cases cited3 opinions
- Boults v. MitchellSupreme Court of Pennsylvania · 1851
- Shiffer v. BroadheadSupreme Court of Pennsylvania · 1889
- Wheeler v. CarpenterSupreme Court of Pennsylvania · 1884
3Cited by5 opinions
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907
- Rockwell v. KeeferSuperior Court of Pennsylvania · 1909
- Commonwealth v. McDannellAdams County Court of Quarter Sessions · 1967
- German v. National Cash Register Co.Louisiana Court of Appeal · 1908