Hale v. . Omaha National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Reported below, 7 J. & S., 207.) The complaint in this action contained two counts.
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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Reported below, 7 J. & S., 207.) The complaint in this action contained two counts. The first alleged, in substance, that the firm of Cozzens & Co., of Omaha, Nebraska, leased of “ The Credit Foncier of America ” certain hotel property in said city of Omaha for the term of five years by lease dated June 22, 1867, which lease, after specifying the amount of rent and the terms of payment, contained this clause:…
1Opinion of the Court
Church, Ch. J.
This case has been before this court upon a demurrer to the complaint. A majority of the court overruled the demurrer, holding that the count which set up an equitable lien upon the property belonging to the plaintiff, and charged that defendant had wrongfully sold and converted the property to its own use, and deprived the plaintiff of his lien, was good. (49 N. Y., 626.) There was no allegation of right or title in the defendant. The case now comes up upon appeal from the judgment after trial upon exceptions to the findings of the judge before whom it was tried. It now…
2Cases cited3 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Goulet v. . AsselerNew York Court of Appeals · 1860
- Hull v. . CarnleyNew York Court of Appeals · 1858
3Cited by11 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- McCoy v. American Express Co.New York Court of Appeals · 1930
- Cone v. IvinsonWyoming Supreme Court · 1893
- Neudecker v. . KohlbergNew York Court of Appeals · 1880
- Hovey v. . ElliottNew York Court of Appeals · 1890
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