51 How. Pr. 22 | New York County Courts | 1875
— This is an action of trespass. The plaintiff and defendants occupied adjoining farms in the
The objection to the question put on cross-examination by defendants’ counsel to Jacob Sickles, viz.: “ Have you made any parol agreement with your son in relation to these crops since the written agreement was made ?” was, in our opinion, properly sustained. As we understand the object of the question it was an attempt to show title or an interest in the crops damaged, in a third person, and to the extent of such interest, if any existed, to defeat the plaintiff’s right of recovery, and this without connecting, the defendants in any manner, or either of them, with the title of such third person. If we are correct in this, then the principle applied, that title in a third person will not be available; bare possession of a chattel is sufficient to maintain trespass against a wrong-doer (13 Johns., 141; 11 Wend., 54; 9 Cow., 670). Indeed, this principle is well settled (See 16 How., 547). As the case shows, the question was asked “ to show that the witness is interested in the title to the crops.” Suppose he was. How can the defendants avail themselves of it as a defense ? They are trespassers and do not propose to justify their acts through any right, title or interest derived from
I am of opinion the judgment should be affirmed.