Frank v. Harrington
New York Supreme Court
rpHIS action was tried before Campbell, J. at the Madison JL circuit, in September, 1861. The case shows that on the 17th day of August, 1860, the plaintiff entered into a paroi contract with the defendant for the purchase of his crop of hops, of about seven thousand pounds, then growing and maturing on the defendant’s farm, for the price of thirteen cents per pound.
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rpHIS action was tried before Campbell, J. at the Madison JL circuit, in September, 1861. The case shows that on the 17th day of August, 1860, the plaintiff entered into a paroi contract with the defendant for the purchase of his crop of hops, of about seven thousand pounds, then growing and maturing on the defendant’s farm, for the price of thirteen cents per pound. The plaintiff paid down one dollar, and was to pay the balance when the hops were delivered at the defendant’s kiln on the premises, and accepted by the plaintiff. The defendant refused to deliver the hops in pursuance of the…
1Opinion of the Court
By the Court,
Morgan, J.
The question is whether hops, growing and maturing on the vines, are real or personal property.
When the argument was opened, I supposed that perhaps the decision of this question was involved in the judgment of the court of appeals in Bishop v. Bishop, (11 N. Y. Rep. *416123.) But the counsel on both sides treat that case as one which depends upon other considerations, and not necessarily involved in the decision of this. The question there was whether hop poles were real or personal property ; and they were declared to be real estate, because they were “ habitually…
2Cases cited5 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Daniels v. StateTennessee Supreme Court · 1927
- Bishop v. . BishopNew York Court of Appeals · 1854
3Cited by2 opinions
- Sparrow v. PondSupreme Court of Minnesota · 1892
- Sexton v. BreeseNew York Supreme Court · 1890