Donnewald v. Turner Real-Estate Co.
Missouri Court of Appeals
Appeal from the St. Lotus City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) The engine and boiler never became a part of the realty, but always remained personalty. Rogers v. Crow, 40 Mo. 91; Collins v. Mott, 45 Mo. 100; Graves v. Pierce, 53 Mo. 423; Richardson v. Rock, 81 Mo. 264 ; Thomas v. Davis, 76 Mo. 77; Baldwin v. Merrick, 1 Mo. App. 281; Goodin v. EUeardsville, 5 Mo. App. 289. (2) The right of removal was not lost.
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Appeal from the St. Lotus City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) The engine and boiler never became a part of the realty, but always remained personalty. Rogers v. Crow, 40 Mo. 91; Collins v. Mott, 45 Mo. 100; Graves v. Pierce, 53 Mo. 423; Richardson v. Rock, 81 Mo. 264 ; Thomas v. Davis, 76 Mo. 77; Baldwin v. Merrick, 1 Mo. App. 281; Goodin v. EUeardsville, 5 Mo. App. 289. (2) The right of removal was not lost. Holmes v. Kemper, 20 Johns. 29 ; Lawrence v. Kemp, 1 Duer, 363; Saint v. Pilley, L. R. 10 Ex. 137; Wood on Landlord & Ten., sec. 529, p. 1260, note 3.
1Opinion of the CourtBiggs, J.
This is an action for the value of a
boiler and engine, alleged to have been converted by the defendants. The property at the date of the alleged conversion was situate in the basement of a building belonging to the Turner Real-Estate Company. Prior to February 18, 1888, the premises were occupied by F. A. Durgin, who was engaged in the manufacture of silverware.- During his occupancy, as a tenant of the Turner Real-Estate Company, he placed the engine and boiler in the basement of the building for the purpose of aiding him in his business as a manufacturer. The power furnished by the engine…
2Cases cited6 opinions
- Rogers v. CrowSupreme Court of Missouri · 1867
- Thomas v. DavisSupreme Court of Missouri · 1882
- Richardson v. KochSupreme Court of Missouri · 1883
- Goodin v. Elleardsville Hall Ass'nMissouri Court of Appeals · 1878
- Baldwin v. MerrickMissouri Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Matz v. Miami Club Restaurant (Mo. 1939)Missouri Court of Appeals · 1939
- John O'Brien Boiler Works Co. v. HaydockMissouri Court of Appeals · 1894
- Woodling v. Westport Hotel Operating Co.Missouri Court of Appeals · 1933
- Cox v. McKinneyMissouri Court of Appeals · 1923
- McLain Investment Co. v. CunninghamMissouri Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.