Legal Opinion

Hoagland v. Hall

Supreme Court of New Jersey

Decided June 15, 1876Published

This was a case certified from the Circuit Court of the-county of Essex. These were the facts : On 27th May, 1875, Hall, the plaintiff, and Hoagland, the defendant, entered into articles of’ agreement under seal, whereby the plaintiff' agreed to “ well and sufficiently convey” to the defendant, his heirs and assigns, “ by bill of sale,” and “ by deed of assignment,” assigning the lease of the premises, &c., and all the goods and chattels as mentioned and described in the…

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This was a case certified from the Circuit Court of the-county of Essex. These were the facts : On 27th May, 1875, Hall, the plaintiff, and Hoagland, the defendant, entered into articles of’ agreement under seal, whereby the plaintiff' agreed to “ well and sufficiently convey” to the defendant, his heirs and assigns, “ by bill of sale,” and “ by deed of assignment,” assigning the lease of the premises, &c., and all the goods and chattels as mentioned and described in the schedule hereto annexed, written in lead pencil. Said bill of sale and assignment to be made on the 1st June then next. The…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, Chief Justice.

The defendant agreed to give $2000, in consideration of the assignment of a certain lease, and the sale and transfer to him of certain personal property. The check in suit was given in part payment of this consideration money.

Among the articles agreed to be thus sold and transferred was a license to keep an inn, granted under the laws of this *353state, and the first question propounded, for the consideration of this court is, whether a recovery in this action is prevented, for the reason that the plaintiff was incapable of…

2Cases cited1 opinion

  1. Fay's Administrators v. RichardsNew York Supreme Court · 1839

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