Belmont v. Ponvert
The Superior Court of New York City
Appeal from a judgment entered at the Special Term, •and motion for a new trial. On the 26th of March, 1846, Daniel .E. Tylee made an .assignment, for the "benefit of his creditors, to Julian •Chastelain, of the firm of Chastelain & Ponvert, and Daniel H. Turner. Chastelain & Ponvert, and also Philo S. Shelton, were creditors of Tylee. A suit was pending, brought by Jane Dempsey, to recover the real estate claimed to belong to Tylee.
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Appeal from a judgment entered at the Special Term, •and motion for a new trial. On the 26th of March, 1846, Daniel .E. Tylee made an .assignment, for the "benefit of his creditors, to Julian •Chastelain, of the firm of Chastelain & Ponvert, and Daniel H. Turner. Chastelain & Ponvert, and also Philo S. Shelton, were creditors of Tylee. A suit was pending, brought by Jane Dempsey, to recover the real estate claimed to belong to Tylee. The defence of this suit was assumed by Chastelain & Ponvert at or shortly after the assignment, and expenses were incurred in such defence, and in opening an…
1Opinion of the Court
By the Court.—Sedgwick, J.
We are of opinion that the learned court below erred in adjudging that the plaintiff was entitled to an interest in the rent of the premises in question. On this ground the judgment must be set aside.
Before the execution of the agreement in which the plaintiff rests, he had, by virtue of the judgment he owned, only a general lien upon the house and lot in question. He had no estate or interest in the land, and no right to the rent. The agreement did not convey to the plaintiff any right in the land, or provide that he should in any contingency be entitled to any. It…
2Cases cited2 opinions
- Dow v. WhettenCourt for the Trial of Impeachments and Correction of Errors · 1831
- Dow v. Hope InsuranceThe Superior Court of New York City · 1828
3Cited by1 opinion
- Ponvert v. BelmontThe Superior Court of New York City · 1877