Breese v. Bange
New York Court of Common Pleas
Tras was an action in the nature of trover, to recover $11,000, as the alleged value of an extended list of articles, enumerated in a schedule annexed to the complaint. The property consisted chiefly of the machinery employed in an iron and anchor manufactory; but the list contained some manufactured articles, with bars and anchor iron, and also a coal house, barn, office, and a building or shop 150 feet in length by 45 feet wide.
Read the full summary
Tras was an action in the nature of trover, to recover $11,000, as the alleged value of an extended list of articles, enumerated in a schedule annexed to the complaint. The property consisted chiefly of the machinery employed in an iron and anchor manufactory; but the list contained some manufactured articles, with bars and anchor iron, and also a coal house, barn, office, and a building or shop 150 feet in length by 45 feet wide. These were all included in the inventory of personal property, with a conversion of which the defendant was charged. The complaint alleged ownership and right of…
1Opinion of the CourtBy the Court. Daly, J.
The agreement executed by Hunt, upon the back of the lease, cannot be regarded as a surrender of the lease and a merger of the term, so as to work a dissolution of the relation of landlord and tenant; for the transfer was not absolute, but conditional, subject tobe defeated, before the expiration of the term, by the performance of the condition. It was an assignment of all Hunt’s right, title and interest in the previous agreement or lease, as collateral security for the payment of the two notes, or of any demand which Bange might thereafter have against Hunt for goods, wares and merchandise,…
2Cases cited7 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Walker v. ShermanNew York Supreme Court · 1839
- Buckley v. BuckleyNew York Supreme Court · 1850
- Cresson v. StoutNew York Supreme Court · 1819
- Farrar v. ChauffeteteNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.