Niagara Falls Hydraulic Power & Manufacturing Co. v. Schermerhorn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julian H. Scliérmerhorn, as trustee, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the Niagara Trial Term, a jury having been waived.
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Appeal by the defendant, Julian H. Scliérmerhorn, as trustee, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the Niagara Trial Term, a jury having been waived. The action is brought to recover the value of certain personal property, left over after a fire which burned the buildings and plant of the Acker Process Company, a foreign corporation of which the defendant was appointed the trustee in bankruptcy. The defendant sold…
1Opinion of the Court
Kruse, J.:
The primary question involved in this controversy is whether upon the termination of the lease under the 7th paragraph thereof, for non-payment of the rental, the buildings belonged to the lessor, the plaintiff power company.' If so, the further question is presented as to what part of the salvage left after the burning of the buildings and plant is a part of the buildings within the meaning of the provisions of the lease and agreement.
As regards the latter question, the careful and exhaustive deci*447sion, supplemented by the opinion of the learned trial judge (60 Misc. Rep. 209),…
2Cases cited2 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Niagara Falls Hydraulic Power & Manufacturing Co. v. SchermerhornNew York Supreme Court · 1908
3Cited by1 opinion
- American Brake Shoe & Foundry Co. v. New York Rys. Co.District Court, S.D. New York · 1922