Van Antwerp v. Newman
New York Supreme Court
Error from, the Mayor’s Court of the city of Albany. The action in the Court below, was brought by Newman against Van Antwerp. The declaration contained two counts.
Read the full summary
Error from, the Mayor’s Court of the city of Albany. The action in the Court below, was brought by Newman against Van Antwerp. The declaration contained two counts. The first count averred, that Newman was owner and proprietor of divers goods and chattels, (enumerating them,) of the value of, &c., which had been let to hire to one Husted, for a certain term, and were in Husted’s possession, as lessee thereof; but that the defendant, knowing the premises, and intending to injure Newman in his. reversionary interest. While the same goods were in possession of Husted, and before his term had…
1Opinion of the Court
Curia, per Savage, Ch. J.
The first question which presents itself-is, whether the lessee obgoods .and chattels fon a term, has an interestwhich is the; subject of -.a sale on execution.
It .is. well settled in the. .English courts, that the, lessee’s Interest in goods maybe sold,. (Gordon v. Harper, 7 T. R. 11, Ward v. Macauley, 4 id. 489, Manning's case, 8 Co. 191,) and the purchaser,is entitled to, the beneficial use-of them during the term.
The-next question is, whether,the Sheriff by a sale absolute; in,its terms, on an execution against the lessee, cap, di vest the lessor of his. interest ?
2Cases cited2 opinions
- Storm v. LivingstonNew York Supreme Court · 1810
- Hall v. BallentineNew York Supreme Court · 1811
3Cited by7 opinions
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Smith v. NilesSupreme Court of Vermont · 1848
- Woodside v. AdamsSupreme Court of New Jersey · 1878
- Hall v. SamsonNew York Supreme Court · 1859
- Goulet v. . AsselerNew York Court of Appeals · 1860
2 more not listed; retrieve them via the Exa API.