Ferdinand v. Earle
Massachusetts Supreme Judicial Court
Tort, for the conversion of one Richmond boiler with fittings. Writ dated January 16, 1920. In the Superior Court, the action was heard by McLaughlin, J.> without a jury. Material evidence and findings by the judge are described in the opinion.
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Tort, for the conversion of one Richmond boiler with fittings. Writ dated January 16, 1920. In the Superior Court, the action was heard by McLaughlin, J.> without a jury. Material evidence and findings by the judge are described in the opinion. The defendant requested, among other rulings, the following: “2. Heavy articles though not fastened down are fixtures if put in with the intention of not removing them and trover cannot be maintained by the owner of the equity against a mortgagee who has foreclosed even if the mortgage was prior to the putting in of the fixtures. The boiler in this…
1Opinion of the CourtCrosby, J.
This is an action of tort to recover the value of a steam boiler. The plaintiff acquired title by separate instruments to two adjacent lots of land. One of the lots was vacant; there was a brick block consisting of stores and apartments on the other which was subject to a mortgage. The plaintiff installed in the brick block a heating plant which was adequate and sufficient for heating the entire building; afterwards he built a garage on the adjoining lot with a party wall between the buildings. For the purpose of heating the garage he installed in the basement of the block the boiler in…
2Cases cited7 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Stone v. LivingstonMassachusetts Supreme Judicial Court · 1915
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Southbridge Savings Bank v. MasonMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
- Titcomb v. CarrollMassachusetts Supreme Judicial Court · 1934
- General Heat & Appliance Co. v. GoodwinMassachusetts Supreme Judicial Court · 1944
- Menard v. CourchaineMassachusetts Supreme Judicial Court · 1931
1 more not listed; retrieve them via the Exa API.