Buster v. Newkirk

20 Johns. 75 (1822)

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Buster v. Newkirk

New York Supreme Court
20 Johns. 75 (1822)

SC
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Facts

Newkirk (plaintiff) wounded a deer but could not track down the deer before nightfall. The deer had run off to Buster’s (defendant) house, which was about six miles away. Buster, upon seeing the deer on this property, killed it and took its venison and skin. Meanwhile, Newkirk resumed his hunt in the morning and eventually came upon Buster’s house and the dead deer. Buster gave Newkirk the venison but would not give him the skin. Newkirk brought a trover action against Buster. The jury returned a verdict for Newkirk and awarded him $0.75. Buster appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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