Philadelphia Steamship Dock Co. v. Lorillard Steamship Co.

New York Supreme Court

Philadelphia Steamship Dock Co. v. Lorillard Steamship Co.

54 How. Pr. 508

DecidedMarch 15, 1878

StatusPublished

This text of 54 How. Pr. 508 (Philadelphia Steamship Dock Co. v. Lorillard Steamship Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Philadelphia Steamship Dock Co. v. Lorillard Steamship Co., 54 How. Pr. 508 (N.Y. Super. Ct. 1878).

Pincite

Opinion

Van Vorst, J.

I do not regard the instrument upon which this action is brought, being a lease of certain wharf property for a term of five years at a yearly rent as an obligation for the absolute payment of money, within the meaning of subdivision 8, section 791 of the Code of Civil Procedure, so as to entitle the action to a preference on the calendar.

The actions so to be preferred are founded upon notes and other instruments, such as bonds providing for the payment of money exclusively. A lease is no more such obligation than is a contract for the delivery of merchandise or a horse at a price fixed. The motion is denied.

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Van Vorst, J.

I do not regard the instrument upon which this action is brought, being a lease of certain wharf property for a term of five years at a yearly rent as an obligation for the absolute payment of money, within the meaning of subdivision 8, section 791 of the Code of Civil Procedure, so as to entitle the action to a preference on the calendar.

The actions so to be preferred are founded upon notes and other instruments, such as bonds providing for the payment of money exclusively. A lease is no more such obligation than is a contract for the delivery of merchandise or a horse at a price fixed. The motion is denied.

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Bluebook (online)

54 How. Pr. 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-steamship-dock-co-v-lorillard-steamship-co-nysupct-1878.