Lewis v. Burr
The Superior Court of New York City
This was a case submitted to the Court at General Term for its judgment, upon an agreed statement of facts made pursuant to section 372 of the Code of Procedure. The plaintiff, as assignee of one Ossian L. Hatch, claimed to recover a quarter’s rent of premises demised by Hatch to one James Sharp. Sharp, on the 28th of January, 1860, being insolvent, assigned all his property to the defendant, in trust for the benefit of the creditors of Sharp.
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This was a case submitted to the Court at General Term for its judgment, upon an agreed statement of facts made pursuant to section 372 of the Code of Procedure. The plaintiff, as assignee of one Ossian L. Hatch, claimed to recover a quarter’s rent of premises demised by Hatch to one James Sharp. Sharp, on the 28th of January, 1860, being insolvent, assigned all his property to the defendant, in trust for the benefit of the creditors of Sharp. The rent in question fell due February 1st, 1860. The question was whether the defendant, on the facts of the case, which are fully stated in the…
1Opinion of the Court
By the Court — Bosworth, Ch. J.
James Sharp, on the 28th of January, 1860, was the lessee of one Ossian L. Hatch, and as such lessee, held a lease of a part of the store aud basement of Ho. 26 Church street, in the city of Hew York, at an annual rent of $1,500 payable quarterly, which lease, by its terms, was for four years and nine months from May 1st, 1859.
On the 28th of January, 1860, Sharp, by a written assignment, assigned all his property, real and personal, to the defendant, in trust for the benefit of the creditors of Sharp. The assignment did not specify the lease as part of the…
2Cases cited2 opinions
- Martin v. BlackNew York Court of Chancery · 1842
- Pratt v. Levan, Pennsylvania Court of Common Pleas, Philadelphia County1827
3Cited by7 opinions
- Matter of Application of OtisNew York Court of Appeals · 1886
- In re McKinneyDistrict Court, S.D. New York · 1883
- Smith v. IngramSupreme Court of Alabama · 1890
- Provident Life & Trust Co. v. Fidelity InsuranceSupreme Court of Pennsylvania · 1902
- Johnston v. MerrittNew York Court of Common Pleas · 1882
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