Grosz v. Jackson
New York Court of Common Pleas
An appeal from a judgment entered on the report of Bichard M. Henry, referee, in favor of Michael Grosz against James Purssell. The action was instituted to foreclose two mechanics’ liens, one filed by Grosz and the other by Jackson, against the Park theatre, the property of Purssell.
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An appeal from a judgment entered on the report of Bichard M. Henry, referee, in favor of Michael Grosz against James Purssell. The action was instituted to foreclose two mechanics’ liens, one filed by Grosz and the other by Jackson, against the Park theatre, the property of Purssell. Defendant Jackson claimed the benefit of the lien filed by him, and the right to foreclose the same upon the following facts: On the 11th day of March, 1874, defendant Purssell made a contract with the defendant Jackson, by the terms of which he was to furnish chairs for the theatre, at the price of $4 50 per…
1Opinion of the Court
Charles P. Daly, Chief Justice.
In the cases of Voorhees v. McGinnis (48 N. Y. 278), and in Potter v. Cromwell (40 N. Y. 287), three tests are referred to as used in determining whether the thing referred to had, by annexation, become part of the freehold or not. 1st. Whether the annexation was of a permanent character. 2d. Its adaptability to the use and enjoyment of the freehold; and 3d. The intention of the parties when it was annexed; and an application of these tests, I think will solve the question presented in this case.
The building in which these seats, or iron chairs, were put up, was…
2Cases cited2 opinions
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Potter v. . CromwellNew York Court of Appeals · 1869
3Cited by8 opinions
- Gould v. . SpringerNew York Court of Appeals · 1912
- New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
- Poland v. Lamoille Valley RailroadSupreme Court of Vermont · 1879
- Union Stove Works v. KlingmanAppellate Division of the Supreme Court of the State of New York · 1897
- Phipps v. StateNew York Court of Claims · 1910
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