New York Supreme Court, 1891

Lashaway v. Tucker

Lashaway v. Tucker
New York Supreme Court · Decided July 15, 1891 · Hardin, Martin, Merwin
15 N.Y.S. 490; 68 N.Y. Sup. Ct. 6; 39 N.Y. St. Rep. 680 (New York Supplement)

Counsel

H. Smith, for appellant. J. Lansing, for respondent.

Lashaway v. Tucker

Opinion of the Court

Hardin, P. J.

In the course of the trial the court held that the word “flour” did not cover meal, and refused to submit a question in that regard to the jury. Proper exceptions were taken to the rulings and to the refusal. I am inclined to the opinion that an error was committed.

I think the amount of the verdict is dubious. I favor a reversal of the *491order and judgment. Judgment and order reversed, and a new trial ordered, with costs to abide the event.

Martin, J.

I think flour includes meal, and, under statute, meal for family use is exempt; hence I concur.

Dissenting Opinion

Merwin, J.,

(dissenting.) In view of other provisions of the Revised Statutes, (part 1, c. 17, tit. 2, art. 1.) I think flour and meal are different articles; and the word “flour” in the exemption law was not designed to include meal; so on this I think the circuit was right; but the verdict is larger than the evidence warrants, so I assent to reversal.

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