Milliman v. Neher
New York Supreme Court
THIS action was commenced before a justice of the peace, to recover the value of a quantity of corn. On the trial the plaintiff read in evidence a lease dated March 25,1852, executed by the plaintiff and one William Montgomery, by which lease the plaintiff leased to Montgomery a farm, for one year from April 1st then next, at an annual rent of $325. The last clause of the lease was as follows : “ And said Millvman shall have the lien upon the crops as security for said rent,…
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THIS action was commenced before a justice of the peace, to recover the value of a quantity of corn. On the trial the plaintiff read in evidence a lease dated March 25,1852, executed by the plaintiff and one William Montgomery, by which lease the plaintiff leased to Montgomery a farm, for one year from April 1st then next, at an annual rent of $325. The last clause of the lease was as follows : “ And said Millvman shall have the lien upon the crops as security for said rent, said Montgomery to market the same.” The plaintiff then proved that in the fall or winter of 1852, Montgomery sold to…
1Opinion of the Court
By the Court, Bockes, J.
The lease purports to have been executed and delivered on the 24th of March, and the term was to commence on the 1st day of April following. When the supposed lien was created, therefore, Montgomery had only a lease of the farm in presentí, to commence on a future day. The crops then had no existence, nor was it certain that they ever would exist. In Barnard v. Eaton, (2 Cush. 295,) it was decided that a mortgage could not apply to goods not in existence, or not capable of being identified at the time of its execution; and Justice Shaw, in giving the opinion of the…
2Cases cited3 opinions
- Otis v. SillNew York Supreme Court · 1849
- Brownell v. HawkinsNew York Supreme Court · 1848
- Benson v. BollesCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by17 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Hovey v. . ElliottNew York Court of Appeals · 1890
- Van Hoozer v. CoryNew York Supreme Court · 1860
- Morrill v. NoyesSupreme Judicial Court of Maine · 1863
- Stover v. EycleshimerNew York Court of Appeals · 1867
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