Betsinger v. Schuyler
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered in Oneida county upon a verdict directed by the court, and from an oi’der denying a motion for a new trial made upon the minutes of the justice before whom the action was tried.
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Appeal from a judgment in favor of the defendant, entered in Oneida county upon a verdict directed by the court, and from an oi’der denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. On the 1st of January, 1877, George Clarke leased to Sarah Evans a farm situate in the city of Rome, N. Y. The lease was for four-years, from April 1, 1877 The annual rent reserved was the sum of $350, which was payable in advance on the first day of April in each year. This lease contained the following provisions: “ That the party of the second part shall and…
1DissentFollett, J.
The title to the products of the leased farm vested in the lessor, subject to be divested by the performance by the lessee of her covenants. (Andrew v. Newcomb, 32 N. Y., 417; Van Hoozer v. Cory, 34 Barb., 10; Benj. on Sales [Corbin’s ed.], §78.) The clause quoted from the lease is not, in legal effect, a chattel mortgage. A chattel mortgage is an instrument whereby the owner of personal chattels transfers the title to them to another (a mortgagee), as security for the payment of a debt, or for the performance of an obligation, with a condition, that upon payment or performance, the title…
2Cases cited3 opinions
- Andrew v. . NewcombNew York Court of Appeals · 1865
- Butler & Vosburgh v. MillerNew York Court of Appeals · 1848
- Nichols v. MeadNew York Supreme Court · 1870