Legal Opinion

Pierce v. George

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 44 opinions

Tort for the conversion of machinery and tools. The case was referred by order of the superior court to an auditor, the material part of whose report was as follows : “ I find that on March 15, 1867, Crawford Pierce, Joseph R. Pierce and Henry O. Lothrop, then residing and doing business in Milford, were the owners of a machine shop in Milford, which they had erected and were then occupying for the purpose of ■manufacturing therein heel and toe plates and shoe nails, and…

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Tort for the conversion of machinery and tools. The case was referred by order of the superior court to an auditor, the material part of whose report was as follows : “ I find that on March 15, 1867, Crawford Pierce, Joseph R. Pierce and Henry O. Lothrop, then residing and doing business in Milford, were the owners of a machine shop in Milford, which they had erected and were then occupying for the purpose of ■manufacturing therein heel and toe plates and shoe nails, and were also on that day the owners of certain machinery in said shop, which they used for the purposes of their manufacture ;…

1Opinion of the CourtAmes, J.

In ascertaining what are fixtures, the object, the effect and the mode of annexation are to be considered. Me*82Laughlin v. Nash, 14 Allen, 136. The question between these parties is governed by the rules which apply to the case of mortgagor and mortgagee; the defendant claiming the contested property by virtue of a mortgage of the real estate, and the plaintiffs under an earlier conveyance from the mortgagor, in which the machinery is described as personal property. The report finds that, before either of the mortgages under which the parties respectively claim was made, the mortgagors owned a…

2Cases cited1 opinion

  1. Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863

3Cited by44 opinions

  1. Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
  2. Binkley v. ForknerIndiana Supreme Court · 1889
  3. Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
  4. Manwaring v. JenisonMichigan Supreme Court · 1886
  5. McConnell v. BloodMassachusetts Supreme Judicial Court · 1877

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