Pike v. . Walter

48 N.Y. 681

• Court: New York Court of Appeals
• Decided: May 5, 1872
• Status: Published

Opinion

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.

The parties were joint tenants,

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

Hunt, C.> for reversal.

Plaintiff was lessee merely, and

bound to return the specific articles.

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.

Judgment affirmed, with costs.