Wicker v. Hoppock
Supreme Court of the United States
Error to the Circuit Court for Northern Illinois. Caldwell being owner of a distillery, subject to a mortgage to Hoppock, leased it to Chapin & Co. for three yeai’s; it being agreed by the lease itself that the rent, so much a year, should be paid by Chapin & Co. directly to Caldwell the mortgagee, so as to keep down in part the interest on the mortgage.
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Error to the Circuit Court for Northern Illinois. Caldwell being owner of a distillery, subject to a mortgage to Hoppock, leased it to Chapin & Co. for three yeai’s; it being agreed by the lease itself that the rent, so much a year, should be paid by Chapin & Co. directly to Caldwell the mortgagee, so as to keep down in part the interest on the mortgage. Chapin & Co., after being for about eighteen months iu occupation of the distillery, and accumulating at it a considerable amount of personal chattels, such as are commonly used about such a place, assigned the lease to one Wicker under some…
1Opinion of the CourtJustice S Wayne
It is said that the agreement between the parties “ was invalid because calculated to interfere with, and prevent the fairness and freedom of a judicial sale; and prevent competition, and therefore against public policy.”
The contract was, that the defendant in error should procure judgments against Chapin & Co. for the rent in arrear, levy upon the machinery and fixtures in the distillery, and expose them for sale, and that the plaintiff in error should bid for them the amount of the judgments.
The validity of such an arrangement depends upon the intention by which the parties are animated,…
2Cases cited4 opinions
- In re NegusNew York Supreme Court · 1832
- Russell v. ButterfieldNew York Supreme Court · 1839
- Taylor v. ReadNew York Court of Chancery · 1834
- United States v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1816
3Cited by196 opinions
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- United States v. Allegheny-Ludlum Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Sophia Shore v. Federal Express Corp.Court of Appeals for the Sixth Circuit · 1985
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