Legal Opinion

Central Union Gas Co. v. . Browning

New York Court of Appeals

Decided December 16, 1913PublishedCited by 34 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Gas ranges are inherently personal property. (McRea v. C. Nat. Bank, 66 N. Y. 489; Pfluger v. Carmichael, 54 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Gas ranges are inherently personal property. (McRea v. C. Nat. Bank, 66 N. Y. 489; Pfluger v. Carmichael, 54 App. Div. 153; People v. O’Donnell, 202 N. Y. 313; N. Y. Life Ins. Co. v. Allison, 107 Fed. Rep. 179.) These gas ranges did not become a part of the real…

1Opinion of the CourtWerner, J.

The action is for the alleged conversion of 100 gas ranges which the plaintiff installed in certain housekeeping apartments on One Hundred and Thirty-seventh street, New York city, under a contract between the plaintiff, which furnished the ranges, and the Ignatz Florio Company, owner of the premises, which acquired the same for the use of its tenants. There is some discussion in the briefs as to the nature of this contract, but we are satisfied that it is more than a mere lease with an option for purchase, as contended by appellant, and that it is a contract for a conditional sale. One or…

2Cases cited2 opinions

  1. Cosgrove v. TroescherAppellate Division of the Supreme Court of the State of New York · 1901
  2. Fitzgibbons Boiler Company v. . Manhasset Realty Corp.New York Court of Appeals · 1910

3Cited by34 opinions

  1. Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
  2. Bowen v. CommissionerUnited States Tax Court · 1949
  3. Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
  4. Ratchford v. Cayuga County Cold Storage & Warehouse Co.New York Court of Appeals · 1916
  5. Matter of N.Y. World-Telegram Corp. v. McGoldrickNew York Court of Appeals · 1948

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