Rochester Distilling Co. v. Rasey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 4, 1892, which reversed a judgment in favor of defendant entered upon a verdict directed by the court and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 4, 1892, which reversed a judgment in favor of defendant entered upon a verdict directed by the court and granted a new trial. In February, 1890, the plaintiff recovered a judgment against one Lovell for $147.44. In April, 1890, Lovell, being the lessee of certain farm lands, in order to secure one Page as an accommodation indorser and for the re payment of money borrowed from him, executed and delivered to him a chattel mortgage; which covered “ the grass now growing upon the premises…
1Opinion of the CourtGray, J.
I think this case does not, in principle, differ from any other case, where a chattel mortgage has been given upon property in expectancy and which has no potential existence at the time of its execution. The fact that the subject of the mortgage is a crop to be planted and raised in the future upon land does not affect the determination of this question upon established principles. It may be that precisely such a case, in its facts, has not been passed upon in this court; but there are expressions of opinion, in several cases of a kindred nature, in the reports of this court and of other…
2Cases cited7 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Otis v. SillNew York Supreme Court · 1849
- Coats v. . DonnellNew York Court of Appeals · 1883
- Kribbs v. . AlfordNew York Court of Appeals · 1890
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3Cited by63 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
- MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1908
- Zartman v. First National BankNew York Court of Appeals · 1907
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
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