Lawrence v. Kemp
The Superior Court of New York City
Appeal by the defendant from a judgment at special term, on a bill of exceptions. The complaint alleged that the plaintiff, on or about the 7th of June. -1850, let to the defendant a certain store known as No. 379 Broadway, with the fixtures therein, until the 1st day of July following, and that the defendant agreed to deliver up said store with all the fixtures therein to the plaintiff, at the expiration of his term—th'at the defendant’s term had expired, and that "he had…
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Appeal by the defendant from a judgment at special term, on a bill of exceptions. The complaint alleged that the plaintiff, on or about the 7th of June. -1850, let to the defendant a certain store known as No. 379 Broadway, with the fixtures therein, until the 1st day of July following, and that the defendant agreed to deliver up said store with all the fixtures therein to the plaintiff, at the expiration of his term—th'at the defendant’s term had expired, and that "he had not complied with his agreement by delivering up the store with the fixtures, but, on the contrary, in violation of his…
1Opinion of the CourtBy the Court. Bosworth, J.
This action is brought to recover the value of certain “gas fixtures” and of “seventy stools.”
Such articles, when placed by a tenant in a demised building during his term, are his property. If not removed by him *366during the term, they do not, for that reason, cease to be his property. He may remove them after his term expires without subjecting himself to any damages for such removal, even though he be liable to an action of trespass for'an entry on the demised premises. He may mortgage them during his term by a personal mortgage, and they may be levied upon by an execution issued on a…
2Cases cited4 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Farrar v. ChauffeteteNew York Supreme Court · 1848
- Higgins v. WhitneyNew York Supreme Court · 1840
- Otis v. JonesNew York Supreme Court · 1839
3Cited by9 opinions
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
- Rogers v. CrowSupreme Court of Missouri · 1867
- Fratt v. WhittierCalifornia Supreme Court · 1881
- Johnson's v. Wiseman'sCourt of Appeals of Kentucky · 1863
- New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
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