People v. . St. Nicholas Bank
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 16, 1896, which affirmed an order of Special Term confirming the report of a referee. This is a claim presented by Mr. Mills to the receiver of • the Saint Nicholas Bank for rent to become due under a lease made to the bank. The following facts will sufficiently show the situation of the parties.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 16, 1896, which affirmed an order of Special Term confirming the report of a referee. This is a claim presented by Mr. Mills to the receiver of • the Saint Nicholas Bank for rent to become due under a lease made to the bank. The following facts will sufficiently show the situation of the parties. The bank was the lessee of Mr. Mills of certain premises, under a lease for a term of five years and at a rent of $12,000 a year. During the term, the bank became…
1Opinion of the CourtGray, J.
We think that there is a certain and a well-marked distinction between the present case and than of the Matter of Hevenor (144 N. Y. 271). Oúr decision in the Hevenor case rested upon the facts therein disclosed and upón the effect of the deed of assignment in measuring the duties and powers of the assignee of Hevenor’s estate. The distinction was correctly apprehended by the learned justice, -who wrote the prevailing opinion below, and we should hardly suppose that the learned justice, who wrote in criticism of the Hevenor case, could have found reason for his observations, had lie more…
2Cases cited3 opinions
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- In Re the Assignment of LewisNew York Court of Appeals · 1880
- Brainerd v. . DunningNew York Court of Appeals · 1864
3Cited by33 opinions
- William Filene's Sons Co. v. WeedSupreme Court of the United States · 1918
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- International Paper Co. v. Priscilla Co.Massachusetts Supreme Judicial Court · 1932
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