Appellate Division of the Supreme Court of New York, 1908

Lamb v. Willis

Appellate Division of the Supreme Court of New York · Decided March 6, 1908 · Gaynor

125 A.D. 183; 109 N.Y.S. 75; 1908 N.Y. App. Div. LEXIS 2739

Counsel

John J. Crawford, for the appellant., Robert B. Knowles, for the respondent.

Cases that cite this one

1 later published case cites this decision.

Thomas v. West & Wheeler, Inc. (Wash. 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gaynor, J.:

The trespass of Christ was not the defendant’s tort; he did not direct or instigate it. If after conveying to the plaintiff the defend*184ant had sold the timber to Christ the ease would be different (Wall v. Osborn, 12 Wend. 40). But as it is the defendant did nothing after he conveyed to the plaintiff and put her in possession to authorize the trespass. The subsequent entry of Christ cannot be made the act of the defendant through his bill of sale to Christ It creates no privity between the plaintiff and the defendant, nor does the defendant’s breach of his contract with Christ. •

The judgment should be affirmed.

Jenks, Hooker, High and Miller, JJ., concurred.

Judgment affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.