Page v. Larrowe
PAGE v. LARROWE, (six cases.)
Page v. Larrowe, 22 N.Y.S. 1099 (N.Y. Sup. Ct. 1893)
Headnotes
1. Chattel Mortgages—What Subject to—Future Crops.
A crop to be planted in future by a lessee whose term has not commenced has not a potential existence, and a mortgage thereof to the lessor to secure an antecedent debt is void. Rochester Distilling Co. v. Razy, 20 N. Y. Supp. 583; Oressey v. Sabre, 17 Hun, 120,—followed. Smith v. Taber, 46 Hun, 313, distinguished.
2. Same—Lessee not in Possession.
A lessee, after tlie execution of the lease, but before the commencement of his term, is "not the owner of the demised premises, and therefore he has not a potential ownership in the grass to be cut thereon during the term, and a mortgage by him of such grass is void.
Summary
Appeal from Steuben county court.
Action by Esék Page and others against Albertus Larrowe, and five other cases, for conversion. A judgment of the justice of the peace in favor of plaintiffs was reversed by the county court, and plaintiffs appeal.
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Opinion of the Court
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PER CURIAM.
Judgment appealed from affirmed, with costs, on opinion of Rumsey, J., and on authority of Rochester Distilling Co. v. Razy, 20 N. Y. Supp. 583 .
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