Legal Opinion

Massachusetts National Bank v. Shinn

New York Court of Appeals

Decided June 12, 1900PublishedCited by 38 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1897, affirming a judgment in favor of defendant George B. Butler, entered upon the report of a referee. The nature of the action and the facts, so far as material? are stated in the opinion. The lease, being in contravention of the positive prohibition of the Constitution of the state of ¡New York, was, in all respects, absolutely void.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1897, affirming a judgment in favor of defendant George B. Butler, entered upon the report of a referee. The nature of the action and the facts, so far as material? are stated in the opinion. The lease, being in contravention of the positive prohibition of the Constitution of the state of ¡New York, was, in all respects, absolutely void. (Const. 1846, art. 1, § 14; Const. 1894, art. 1, § 13; Clark v. Barnes, 76 N. Y. 301; Odell v. Durant, 62 N. Y. 524; Parish v. Rogers, 20…

1Opinion of the Court

.Vann, J.

This action was brought to foreclose a chattel mortgage given by William P. Shinn to the Sturtevant Mill Company, and by it assigned to the Massachusetts National Bank. The mortgage covered certain engines, boilers, dynamos and other machinery belonging to a mining plant, erected pursuant to the provisions of a lease of part of a farm for mining purposes, which required the lessee to mine and ship at least 10,000 tons of iron ore each year, and to erect "such buildings and provide such machinery as would enable him to do. so. After the lessee and his assignee had been removed from…

2Cases cited2 opinions

  1. Clark v. . BarnesNew York Court of Appeals · 1879
  2. Stephens v. . ReynoldsNew York Court of Appeals · 1852

3Cited by38 opinions

  1. Meek v. WilsonMichigan Supreme Court · 1938
  2. In Re Initiative Petition No. 315, State Question No. 553Supreme Court of Oklahoma · 1982
  3. Matter of City of New YorkNew York Court of Appeals · 1908
  4. DesGeorges v. GraingerNew Mexico Supreme Court · 1966
  5. Howard v. Schildberg Const. Co., Inc.Supreme Court of Iowa · 1995

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