Smyth v. . Sturges
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of the defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of the defendant, entered upon a decision of the court on trial at Special Term. The complaint shows that, on the 6th of June, 1878, one Trask and the defendant entered into an agreement in writing, hearing that date, and under seal, by which Trask agreed to sell to the defendant certain property described as “the stores and premises known as No. 39 South William street and No. 29 Stone street, in the city of New .York,”…
1Opinion of the CourtDanboeth, J.
It cannot be doubted that the articles in question formed part of the freehold, and in the absence of anything to indicate a contrary intention were as between vendor and purchaser, such fixtures as would pass “ by a contract of sale and conveyance of the stores and premises,” but they were put in by a tenant and the contention is that as between his landlord and himself he would have a right to remove them. That proposition, however, does not seem material to the present inquiry. It is a general rule that whatever is once annexed to the freehold, becomes parcel thereof and passes with the…
2Cited by28 opinions
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1908
- Prichard v. MulhallSupreme Court of Iowa · 1905
- Hayden v. PinchotAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of De StuersNew York Surrogate's Court · 1950
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