Johnson v. Crofoot
New York Supreme Court
MOTION by the plaintiff for a new trial, upon a verdict for the defendant under the direction of the judge who tried the cause.
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MOTION by the plaintiff for a new trial, upon a verdict for the defendant under the direction of the judge who tried the cause. On the 5th day of November, 1866, Miller & Humble leased to one Barton E. Tifft, a dairy farm in the town of Pinckney, Lewis county, with forty cows and some other personal property, for the term of two years from December 1, 1866, at the yearly rent of $750. The lease provided that the milk of the dairy should be taken to a neighboring cheese factory to be manufactured into cheese, and when sold five-eighths of the proceeds to be paid to the landlord upon the rent,…
1Opinion of the Court
By the Court, Foster, J.
The plaintiff, as between him and Tifft, had only the interest in the hay in question of a chattel mortgagee; for such in fact was the clause in the lease from Miller & Bumble to Tifft, by which it was stipulated that Miller & Bumble were “ to have full title, with the privilege of taking possession at any and all times, of any and all products of the farm, in payment of the balance due on the rent at the last factory sale.”
The lease to Tifft of the premises was absolute, and with the exception of the proceeds of three-fifths of the milk to be sold to the cheese…
2Cited by10 opinions
- Colville v. . MilesNew York Court of Appeals · 1891
- Fox, Baum & Co. v. KcKinney & SmithOregon Supreme Court · 1881
- Neubauer v. GabrielWisconsin Supreme Court · 1893
- Ford v. RansomThe Superior Court of New York City · 1870
- Tompkins v. Little Rock & Ft. S. Ry. Co.United States Circuit Court · 1883
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