Moulton v. Norton
New York Supreme Court
Error to the Oneida common pleas. Norton sued Moulton, Lewis and Carter, in the court below, in an action of trespass for taking a quantity of grain, hay, a span of horses, a cow and other property, and carrying away and converting the same.
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Error to the Oneida common pleas. Norton sued Moulton, Lewis and Carter, in the court below, in an action of trespass for taking a quantity of grain, hay, a span of horses, a cow and other property, and carrying away and converting the same. The defendants severally pleaded the general issue, and gave notice that the property was taken under and by virtue of a distress warrant issued by Carter, as landlord of certain premises before that time leased to Norton, which warrant was directed to the sheriff of the county of Oneida, or any one of his deputies, &c. directing and requiring them to…
1Opinion of the Court
By the Court, Pratt, P. J.
The contract under which the plaintiff below entered into the possession of the premises in *292question, was clearly a contract to purchase, and not a demise: There is no part of it which assumes to demise, or reserve rent. It is somewhat informal and unfinished, but as far as we are able to make any thing out of it, it has all the essential ingredients of a contract to purchase. It assumes to sell the premises for a given consideration, a time for the payment of a portion of such consideration is specified, and although no time is mentioned for the payment of the…
2Cases cited2 opinions
- Marshall v. HosmerMassachusetts Supreme Judicial Court · 1808
- Sackett & Reed v. BarnumNew York Supreme Court · 1840
3Cited by4 opinions
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- Brown v. RichardsonThe Superior Court of New York City · 1865
- Fields v. MoulNew York Supreme Court · 1862
- Waterbury v. . WesterveltNew York Court of Appeals · 1854