McCaffrey v. . Woodin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 62 Barb., 316.) The nature of the action and the facts are sufficiently stated in the opinions. The court erred in holding that the covenant in the lease as to taking property on default in payment of rent was a mere license.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 62 Barb., 316.) The nature of the action and the facts are sufficiently stated in the opinions. The court erred in holding that the covenant in the lease as to taking property on default in payment of rent was a mere license. (Jamison v. Williamson, 3 Duer, 255; Babcook v. Utter, 1 Keyes, 115; Ex parte Coburn, 1 Cow., 568; Mumford v. Whitney, 15 Wend., 380; Tillotson v. Preston, 7 J. R., 285; Simpkins v. Rogers, 15…
1Opinion of the Court
This is an action of trover to recover certain farm stock, a quantity of hay and other farm produce, valued at $200. The defence is, that the defendant took the property by virtue of the following provision in a lease made by Catharine Beahan to the plaintiff, under which he held the farm upon which the crops were grown: "It is agreed that the said party of the first part shall have a lien as security for the payment of the rent aforesaid, on all goods, implements, stock, fixtures, tools and other personal property which may be put on said premises, and such lien to be enforced on the…
2Cases cited5 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Otis v. SillNew York Supreme Court · 1849
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1860
- Milliman v. NeherNew York Supreme Court · 1855
- Walker v. VaughnSupreme Court of Connecticut · 1866
3Cited by62 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Zartman v. First National BankNew York Court of Appeals · 1907
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- In re the Estate of RothkoNew York Surrogate's Court · 1975
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