Duffus v. Bangs
New York Supreme Court
Appeal from a judgment in favor of the defendants entered upon a nonsuit at the Onondaga Circuit, ordered upon the trial of this action by the court without a jury. The action was brought to recover the value of property consist-' ing of trees, plants, shrubs and nursery stock, to which the plaintiff claimed title under a chattel mortgage given to him by the tenant in possession of the premises, by whom the said property was then owned.
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Appeal from a judgment in favor of the defendants entered upon a nonsuit at the Onondaga Circuit, ordered upon the trial of this action by the court without a jury. The action was brought to recover the value of property consist-' ing of trees, plants, shrubs and nursery stock, to which the plaintiff claimed title under a chattel mortgage given to him by the tenant in possession of the premises, by whom the said property was then owned. At the time of the execution of the chattel mortgage, and of the sale at which the plaintiff purchased the property, it was situated upon a farm leased to the…
1Opinion of the Court
Boardman, J.:
The nursery stock was personal property and not real estate. It consisted- of trees, plants and shrubs planted by tenan for the purposes of trade, and to be removed and sold when ready for the market. (King v. Wilcomb, 7 Barb., 263; Green v. Armstrong, 1 Denio, 550; Smith v. Jenks, id. 580; S. C., Jencks v. Smith, 1 Comst., 90; Hamilton v. Austin, 36 Hun, 138, 112.) The tenants held by *54.virtue, of a lease from defendants under seal for a term of five years from September 16,1876, with a right to an extension of two or three years on lands planted to currants and raspberries. The…
2Cases cited6 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ombony v. . JonesNew York Court of Appeals · 1859
- King v. WilcombNew York Supreme Court · 1849
- Moore v. WoodNew York Supreme Court · 1860
- Newell v. . WhighamNew York Court of Appeals · 1886
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