Bainway v. Cobb
Massachusetts Supreme Judicial Court
Tort for the conversion of a stone sink. At the trial in the superior court there was evidence of the following facts : The sink, which weighed about two hundred or two hundred and fifty pounds, was put by Hiram Cobb, twenty-five or thirty years ago, in the corner of a room, over a cistern, in the house owned and occupied by him in West Stockbridge; rested upon a wooden frame next the sides of the room, without being nailed or fastened to the house, except that a lead pipe…
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Tort for the conversion of a stone sink. At the trial in the superior court there was evidence of the following facts : The sink, which weighed about two hundred or two hundred and fifty pounds, was put by Hiram Cobb, twenty-five or thirty years ago, in the corner of a room, over a cistern, in the house owned and occupied by him in West Stockbridge; rested upon a wooden frame next the sides of the room, without being nailed or fastened to the house, except that a lead pipe ran from a hole at one end under the sink through the side of the house into a stone drain constructed for the purpose of…
1Opinion of the CourtGray, J.
Upon the facts stated in the bill of exceptions, we are unanimously of opinion that the stone sink was annexed to and became part of the freehold of Hiram Cobb. This is shown by the purpose and the mode of placing it on the premises. In Park v. Baker, 7 Allen, 78, which is relied on to support the ruling of the court below, the ice chest held to be a chattel was not an article which necessarily or usually forms part of the fitting up of the house itself, and was expressly agreed to have never been in any way connected with or affixed to the building. But the sink in this case, if not…
2Cited by4 opinions
- Smith Paper Co. v. ServinMassachusetts Supreme Judicial Court · 1881
- Roderick v. SanbornSupreme Judicial Court of Maine · 1909
- General Heat & Appliance Co. v. GoodwinMassachusetts Supreme Judicial Court · 1944
- Walker Dishwasher Corp. v. Medford Trust Co.Massachusetts Supreme Judicial Court · 1932