Raddin v. Arnold
Massachusetts Supreme Judicial Court
Tort for the conversion of a stationary steam-engine and boiler. At the trial in the Superior Court, before Bacon, J., there was evidence tending to prove that Morse & Whyte sold the engine and boiler by a conditional sale to Wilson & Co., who had a lease of certain premises of one Blaney. They assigned their lease to the defendant.
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Tort for the conversion of a stationary steam-engine and boiler. At the trial in the Superior Court, before Bacon, J., there was evidence tending to prove that Morse & Whyte sold the engine and boiler by a conditional sale to Wilson & Co., who had a lease of certain premises of one Blaney. They assigned their lease to the defendant. The plaintiff bought the engine and boiler of Morse & Whyte, after a breach of condition of the sale to Wilson & Co. At the time of the sale to the plaintiff, the engine and boiler were attached to the premises of Blaney in the following manner: They were placed…
1Opinion of the CourtGray, C. J.
It does not appear by the bill of exceptions, and was not suggested at the argument, that there was any evidence that the engine and boiler were set upon the premises without the consent of thé vendor. The only exception relied on is to the refusal of the instruction requested, and to the instruction given; and cannot be sustained. Whatever might have been the right of removal, the engine and boiler, so long as they were affixed to the realty in the manner stated in the bill of exceptions, were not mere chattels and therefore this action in *272the nature of trover will not lie for them.…
2Cases cited1 opinion
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Looney v. Trimount Theatres, Inc.Massachusetts Supreme Judicial Court · 1933
- Filley v. ChristopherWashington Supreme Court · 1905
- Smith v. Bay State Savings BankMassachusetts Supreme Judicial Court · 1909
- J. H. Gerlach Co. v. NoyesMassachusetts Supreme Judicial Court · 1922
- Donnelly v. ThiebenAppellate Court of Illinois · 1881
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