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31 Misc. 17

Bates v. Printup

New York County Courts

Decided March 15, 1900

New York County Courts · decided 1900-03-15

This action was brought in the court below by the plaintiff as the assignee of one Eleazer Printup on October 30, 1899, before a justice of the peace for the conversion of a number of bushels óf apples by the defendants. The apples had been harvested on the Tuscarora Indian Reservation, within the town of Lewiston, Niagara county, N. Y., and the defendants were all Tuscarora Indians.

Decided 1900-03-15

Hickey, J.

¶1The defendants and appellants are Tuscarora Indians. Judgment was rendered against them in the court below in an action sounding in tort. From that judgment they have appealed to this' court, and the only question presented for consideration is, whether or not the courts of this State have jurisdiction in such actions over Tuscarora Indians. This question must be answered in the affirmative, for it appears that the courts have already so decided. Singer Mfg. Co. v. Hill, 60 Hun, 347; Crouse v. N. Y., Penn. & Ohio R. R. Co., 49 id. 576; Jemmison v. Kennedy, 55 id. 47.

¶2It has been suggested by counsel that this court write at length upon this question. We see no occasion for so doing. So far as this court is concerned, the question is not an open one, as the decisions referred to must control.

¶3The judgment below is affirmed, with costs.

¶4Judgment affirmed, with costs.

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