Hoffman

In a suit praying return to the plaintiff of certain store fixtures, goods, wares and merchandise, or a judgment for moneys alleged to be due, after trial without a jury judgment was rendered in favor of the defendants, from which the plaintiff appealed.

The respondents Fulton Brothers entered into possession of premises of the plaintiff under the terms and provisions of a lease in writing by which it was agreed that they would “not let, sublet, sub-lease or assign this lease or the premises hereunder mentioned in whole or in part, or transfer, assign or sell the business, or assign or sell the stock of goods comprising the same; ... no furniture, shelving, tools, equipment or fixtures placed by the lessee in or upon the premises shall be removed from said premises during the term of this lease and not until rents and charges have been paid, and that said furniture, shelving, books and equipment and fixtures are hereby pledged by lessee to lessor as security, and shall belong to lessor until all rents and charges provided for in this lease shall have been paid and shall be subject to issue by lessor with or without legal process and lessor may sell the same and apply the proceeds…