Cosgrove v. Troescher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas J. Cosgrove, as assignee for the benefit of creditors of Thomas J. Brennan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of November,, 1900, upon the verdict of a jury. This is an action for conversion.
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Appeal by the plaintiff, Thomas J. Cosgrove, as assignee for the benefit of creditors of Thomas J. Brennan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of November,, 1900, upon the verdict of a jury. This is an action for conversion. Plaintiff’s assignor constructed three apartment houses, consisting of eleven apartments each, at the-southeasterly corner of One Hundred and Fifth street and the Boulevard. After their construction he carpeted the halls and stairways.. The carpets were nailed to the…
1Opinion of the Court
Laughlin, J.:
Some of these articles were, as matter of law, personal property and this necessitates a reversal of the judgment. It is now well settled by authority that carpets, window shades and gas fixtures are movables and not fixtures. (McKeage v. Hanover Fire Insurance Company, 81 N. Y. 38 ; Manning v. Ogden, 70 Hun, 399; Shaw v. Lenke, 1 Daly, 487 ; Kirchman v. Lapp, 19 N. Y. Supp. 831; Towne v. Fiske, 127 Mass. 125 ; Rogers v. Crow, 40 Mo. 91; Capehart v. Foster, 61 Minn. 132.) It needs no citation of authority to show that the ash cans were personal property.
We are also of opinion…
2Cases cited14 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Potter v. . CromwellNew York Court of Appeals · 1869
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
- Rogers v. CrowSupreme Court of Missouri · 1867
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3Cited by15 opinions
- Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
- Central Union Gas Co. v. . BrowningNew York Court of Appeals · 1913
- Plough v. PetersenCalifornia Court of Appeal · 1956
- Cutler Mail Chute Co. v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1915
- Cox v. State Farm Fire & Casualty Co.Supreme Court of Arkansas · 1966
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