Cleveland MacHine Works v. Lang
Supreme Court of New Hampshire
Replevin, for two machines, hereinafter described, situate in the Granite Mills in Northfield, and attached as both real and personal estate by the defendant, a deputy sheriff, on a writ in favor of Denny, Rice & Co. against Edward P. Parsons. Plea, the general issue, and a brief statement that the machines were the property of said Parsons, and that they had become annexed to the Granite Mills and liable to attachment as part of the realty. Facts found by the court.
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Replevin, for two machines, hereinafter described, situate in the Granite Mills in Northfield, and attached as both real and personal estate by the defendant, a deputy sheriff, on a writ in favor of Denny, Rice & Co. against Edward P. Parsons. Plea, the general issue, and a brief statement that the machines were the property of said Parsons, and that they had become annexed to the Granite Mills and liable to attachment as part of the realty. Facts found by the court. The negotiations for the machines were had and completed with the plaintiffs at their place of business in Worcester, Mass., by…
1Opinion of the CourtClark, J.
By the terms of the contract the machines were to remain the property of the Cleveland Machine Works until paid for. The contract was negotiated in Massachusetts, by citizens' of Massachusetts, respecting property situated in Massachusetts. The shipment of the machines at Worcester — Parsons paying the freight from that point — made Worcester the place of delivery, and vested in Parsons all the right and interest he ever acquired in the property. The agreement to send a man to set up the machines at Northfield was not a condition precedent to the vesting of the conditional title in Parsons,…
2Cases cited1 opinion
- Cobb v. BuswellSupreme Court of Vermont · 1864
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- Rodecker v. JannahWashington Supreme Court · 1923
- Cooper v. Philadelphia Worsted Co.Supreme Court of New Jersey · 1905
- Mergenthaler Linotype Co. v. HullCourt of Appeals for the First Circuit · 1916
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