Lehigh Zinc & Iron Co. v. Trotter
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Bird. In 1881, Trotter was in possession of a leasehold estate in a mine, vein or bed of franklinite ore, situate at Franklin, Sussex county, New Jersey, under a lease made by one James L. Curtis, bearing date March 6th, 1877, for the term of thirty years.
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On appeal from a decree advised by Vice-Chancellor Bird. In 1881, Trotter was in possession of a leasehold estate in a mine, vein or bed of franklinite ore, situate at Franklin, Sussex county, New Jersey, under a lease made by one James L. Curtis, bearing date March 6th, 1877, for the term of thirty years. By an indenture under seal, made June 2d, 1881, Trotter covenanted to deliver to IJecksclier twelve thousand tons of franklinite ore in monthly shipments of one thousand tons or thereabouts. The agreement is set out in full in the report of the case of Trotter v. Heckscher, 13 Stew. Eq.…
1Opinion of the Court
The opinion of the court was delivered by
Deptje, J.
The decree in the original suit upon the remittitur was entered in the court of chancery May 4th, 1886, and on the 6th the-company took possession of the mine. On the same day Trotter gave notice that all inability or failure to furnish ore under said contract had been removed, and demanded that possession of the premises should be delivered back to him. The company having refused to surrender possession, Trotter thereupon, August 24th, 1886, filed the present bill. The object of the bill is to obtain by a decree of the court the restoration…
2Cases cited5 opinions
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
- Devaucene v. DevauceneNew York Court of Chancery · 1832
- Harrison v. RowanU.S. Circuit Court for the District of New Jersey · 1819
- Moran v. DentonNew Jersey Court of Chancery · 1917
3Cited by4 opinions
- Burdick v. GrimshawNew Jersey Court of Chancery · 1933
- Reeves v. ReevesNew Jersey Court of Chancery · 1928
- Smith v. Commercial Credit Corp.New Jersey Court of Chancery · 1933
- Welsh v. HourNew Jersey Court of Chancery · 1927