McConnell v. Blood
Massachusetts Supreme Judicial Court
Tort for the conversion of machinery. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows: The plaintiff claims title as assignee of one Cunningham, un • der a composition with his creditors; the defendant, as mortgagee of certain real estate used by Cunningham as a shoe-shop, in which the machinery was situated and used by Cunningham.
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Tort for the conversion of machinery. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows: The plaintiff claims title as assignee of one Cunningham, un • der a composition with his creditors; the defendant, as mortgagee of certain real estate used by Cunningham as a shoe-shop, in which the machinery was situated and used by Cunningham. The only question at issue is whether the machines enumerated below are personal property and passed to the plaintiff as against the defendant,…
1Opinion of the CourtSoule, J.
The rights of these parties are determined by the rules which apply between mortgagor and mortgagee. Many things which, as between landlord and tenant, would be remov-" able as chattels, are regarded as part of the realty, in favor of a mortgagee. In ascertaining what articles have become part of the realty, regard must be had to the manner in which, the purpose for which, and the effect with which, they are annexed. McLaughlin v. Nash, 14 Allen, 136. Pierce v. George, 108 Mass. 78. Whatever is placed in a building by the mortgagor to carry out the obvious purpose for which it was erected, or…
2Cases cited2 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
3Cited by32 opinions
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- White v. Cincinnati, Richmond & Muncie RailroadIndiana Court of Appeals · 1904
- Chase v. Tacoma Box Co.Washington Supreme Court · 1895
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
- Carpenter v. WalkerMassachusetts Supreme Judicial Court · 1886
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