Vail v. Knapp
New York Supreme Court
MOTION to continue an injunction. On the 10th day of January, 1857, the defendants, as trustees of theWestern Vermont Railroad Company, a corporation then in existence, leased its road, situated in the state of Vermont, to the Troy and Boston Railroad Company, to he used and possessed by them for the term of ten years from the said tenth day of January, 1857 ; and the lease contained a covenant,- by which the lessees agreed to surrender the said road, at the expiration of…
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MOTION to continue an injunction. On the 10th day of January, 1857, the defendants, as trustees of theWestern Vermont Railroad Company, a corporation then in existence, leased its road, situated in the state of Vermont, to the Troy and Boston Railroad Company, to he used and possessed by them for the term of ten years from the said tenth day of January, 1857 ; and the lease contained a covenant,- by which the lessees agreed to surrender the said road, at the expiration of said term, in as good condition as they received the same, natural wear excepted. Before the expiration of said lease, the…
1Opinion of the CourtIngalls, J.
The foregoing are the leading facts presented upon this motion. Many of the details are omitted as not necessary to show the grounds upon which this decision is founded.
The first question which I consider is in regard to the validity of the chattel mortgages, which are attacked upon the sole ground that, in consequence of the omission to attach revenue stamps, they were and are void; so far, at least, as the attaching creditor is concerned, the seizure having been made by virtue of such attachment previous to the affixing of such stamps by the collector.
I am of opinion that if any stamps were…
2Cases cited6 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
- Meech v. . PatchinNew York Court of Appeals · 1856
- Williams v. AyraultNew York Supreme Court · 1860
- Schuyler v. PelissierNew York Court of Chancery · 1838
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3Cited by17 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Paramount Pictures, Inc. v. BlumenthalAppellate Division of the Supreme Court of the State of New York · 1939
- Stark v. BareSupreme Court of Kansas · 1888
- Allentown Foundry & Machine Works v. LoretzAppellate Division of the Supreme Court of the State of New York · 1897
- Poole v. Mississippi Publishers Corp.Mississippi Supreme Court · 1950
12 more not listed; retrieve them via the Exa API.