Legal Opinion

Wisner v. . Ocumpaugh

New York Court of Appeals

Decided November 13, 1877PublishedCited by 45 opinions

Appeal from judgment of the General Term of the - Supreme Court, in the fourth judicial department, affirming • a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover for the alleged taking" and unlawful conversion of a quantity of merchandise belong- ■ ing to plaintiff.

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Appeal from judgment of the General Term of the - Supreme Court, in the fourth judicial department, affirming • a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover for the alleged taking" and unlawful conversion of a quantity of merchandise belong- ■ ing to plaintiff. The defendant justified the taking under a lease of a store executed by hinr as lessor to the firm, L. E. Haynes & Co., in March, 1873. The lease was for the term of one year from April 1st, 1873. It contained this clause: “And it is hereby agreed, that the said party of the…

1Per curiam

After an examination of this case, it is deemed sufficient to state our conclusions.

1. The lien clause created an equitable lien upon all property which was at the time in the premises leased, and also upon property thereafter brought in, which would attach as soon as the property was acquired by the lessees, and brought into the premises, and the clause was binding between the parties. (65 N. Y., 459.) In Hale v. Omaha Nat. Bank (49 N. Y., 626), there was an agreement for a future lien; this created a present lien. 2. The plaintiff occupied no better position than the lessees in respect to…

2Cases cited2 opinions

  1. Hale v. . Omaha National BankNew York Court of Appeals · 1872
  2. McCaffrey v. . WoodinNew York Court of Appeals · 1875

3Cited by45 opinions

  1. Zartman v. First National BankNew York Court of Appeals · 1907
  2. Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  3. In re the Estate of RothkoNew York Surrogate's Court · 1975
  4. Coats v. . DonnellNew York Court of Appeals · 1883
  5. Cornwell v. . SanfordNew York Court of Appeals · 1918

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