Legal Opinion

Lupton v. Hughes

Superior Court of Delaware

Decided June 4, 1900No. Action of Debt No. 146PublishedCited by 3 opinions

tried by the Court without a jury, by agreement of the parties. By indenture of lease dated January 3, 1899, the plaintiff demised certain premises to Clement H. Congdon for the term of one year from March 25, 1899, with covenants against subletting, etc. Congdon took possession and placed therein certain personal property belonging to him consisting of a printing press and other goods and chattels.

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tried by the Court without a jury, by agreement of the parties. By indenture of lease dated January 3, 1899, the plaintiff demised certain premises to Clement H. Congdon for the term of one year from March 25, 1899, with covenants against subletting, etc. Congdon took possession and placed therein certain personal property belonging to him consisting of a printing press and other goods and chattels. About May 12,1899, Congdon sold and transferred said property together with the residue of the term under said lease to the Sun Publishing Company, a corporation then recently organized under the…

1Opinion of the Court

Other material facts fully appear in the opinion of the Court.

Grubb, J.:

This suit is brought by said plaintiff as landlord of Clement H. Congdon, his tenant, to recover and apply to the payment of one year’s rent amounting to $334, money realized by said defendant, Hughes, as constable, from a sale by him under said landlord’s distress warrant and also under a fi. fa. *517execution of John G. Simms, a judgment creditor of the personal property of the Sun Publishing Company, incorporated under the General Incorporation Act of March 10,1899, which property was taken under said distress and…

2Cited by3 opinions

  1. Clough v. Superior Equipment Corp.Court of Chancery of Delaware · 1931
  2. Di Angelo v. McCormick Bros.Court of Chancery of Delaware · 1933
  3. Stanley Co. of America v. AndersonSuperior Court of Delaware · 1935

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