Pike v. . Walter

Decided May 5, 1872

New York Court of Appeals · decided 1872-05-05

Action for the conversion of certain farm stock. Defendant leased to plaintiff his farm. The lease contained a provi sion that defendant was to have certain stock, consisting of cows, sheep, etc.; he was to pay as rent one-half of the products of the farm and stock. When any of said property was sold or fit for market, the avails were to be equally divided. Said plaintiff was to leave as much worth of stock on the premises as he took.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-05-05

How this case has been cited

Cited by 4 later decisions — most recently March 1932

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Lott, Ch. C., reads for affirmance, upon the ground, that by the lease, the title to the property was vested in plaintiff. Leonard, C., concurred.

Earl, C.-, for affirmance.

¶2 The parties were joint tenants,

¶3 plaintiff’s interest being the increased value; and defendant, having leased the property to another, was "liable for conversion.

Hunt, C.> for reversal.

¶4 Plaintiff was lessee merely, and

¶5 bound to return the specific articles.

¶6 Gray, 0., for reversal, unless plaintiff stipulates to reduce judgment one-half, on the ground that plaintiff was only entitled to one-half the increase.

¶7 Judgment affirmed, with costs.