Van Heusen Charles v. . Radcliff
New York Court of Appeals
Action for money had and received to the plaintiffs’ use. The answer was a general denial. The facts were these: In 1854, Eliza Lamb and others demised to Wm. Griffin, Jr., a hotel in Albany, called the Mansion House, for five years from the first of May, at an annual rent of $3,000, payable quarterly, at the usual quarter days.
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Action for money had and received to the plaintiffs’ use. The answer was a general denial. The facts were these: In 1854, Eliza Lamb and others demised to Wm. Griffin, Jr., a hotel in Albany, called the Mansion House, for five years from the first of May, at an annual rent of $3,000, payable quarterly, at the usual quarter days. The lease contained the following clause: “And said party of the second part, lessee, hereby mortgages and assigns to said parties of the first part, lessors, all the furniture, goods and chattels of the said party of the second part, in and upon the said premises, or…
1Opinion of the CourtDenio, J.
The provision, in the lease amounted to a valid mortgage of the furniture then in the hotel. There was a concurrent contract, made upon good consideration, for the payment of money at future periods, and it was lawful to secure the debt thus created by a conditional conveyance of the personal property.
No question arises upon that part of the clause which professes to mortgage the property which Griffin should thereafter purchase and place in the hotel, as no portion of the recovery is on account of such property; and the case will afford no countenance to the idea that such an arrangement…
2Cases cited3 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Slade v. Van VechtenNew York Court of Chancery · 1844
- Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
3Cited by48 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Rinchey v. . StrykerNew York Court of Appeals · 1863
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