Voorhies v. McGinnis
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the possession of personal property, consisting of a steam engine, boilers, gearing, shafting, planing machine, saw benches, turning lathe, shingle machine, &c. alleged to have been wrongfully severed from the freehold and removed from certain buildings in the town of Coeymans, called the Kimméy Mills, by the defendants, on the 4th day of December, 1862. The cause was referred to…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the possession of personal property, consisting of a steam engine, boilers, gearing, shafting, planing machine, saw benches, turning lathe, shingle machine, &c. alleged to have been wrongfully severed from the freehold and removed from certain buildings in the town of Coeymans, called the Kimméy Mills, by the defendants, on the 4th day of December, 1862. The cause was referred to A. S. Johnson, as sole referee. On the trial before the referee it appeared that the defendants took possession of the…
1Opinion of the Court
By the Court, Miller, J.
The law in respect to fixtures has been the occasion of much discussion, and repeated adjudications, in this state, and the general principles relating to that subject are well settled. The cases, however, are not a little conflicting, and it is sometimes difficult to discriminate, in considering many of the exceptions to general rules, between personal property and fixtures. In fact the line of demarcation is so close and often so nicely drawn that no precise and fixed rule can be laid down to govern and control all cases ; and each one must be more or less dependent…
2Cases cited8 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Walker v. ShermanNew York Supreme Court · 1839
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Potter v. . CromwellNew York Court of Appeals · 1869
- Sword v. LowIllinois Supreme Court · 1887
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868