Franklin v. Talmadge

Decided November 15, 1809

New York Supreme Court · decided 1809-11-15

THIS was an action of trespass quare clausum fres'it, . , , . 1 Y / for cutting down and carrying away pme timber from , , the land oí the plaintiffs. 1 he cause was tried at the last Oneida circuit, before Mr. Justice Tates. At the trial, the plaintiff’s counsel produced a perfect title to Abraham Franklin?

Cited in Anderson (1889)’s definition of “Name”

Good law ✅— No negative treatment on recordhow we know

Decided 1809-11-15

How this case has been cited

Cited by 23 later decisions — most recently February 1925

1 federal appellate · 19 state decisions — followed in 11 states

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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Per Curiam.

¶1A new trial must be awarded with costs to abide the event. The addition of the letter T. between the Christian and surname of one of the plaintiffs, did not affect the grant, which was to be taken benignly for the grantee. It was no part of his name, for the law knows only of one Christian name. (Co. Litt. 3. a. 1 Ld. Raym. 562. Vin. tit. Misnomer, c. 6. pl. 5. and 6.) And it was perfectly competent for the plaintiff to have shown, if necessary, that one of the plaintiffs was known, as well *85with, as without the insertion of the letter T. in the middle of his name; though even that was not requisite in the first instance, nor unless made necessary by testimony on the part of the defendant.

¶2New trial granted.