Finney v. Watkins
Supreme Court of Missouri
APPEAL FBOAC ST. LOUIS CIECUIT COUET. This was an action of trover brought by Watkins against J. & W. Einney for a boiler and fixtures, one hydraulic press with pumps complete, and other-property (all of which was the implements used in a candle factory in the manufacture of candles, and some materials of which candles were to be made). Plea, not guilty. At the trial, the plaintiff offered in evidence a paper purporting to be a bill of sale by Wm.
Read the full summary
APPEAL FBOAC ST. LOUIS CIECUIT COUET. This was an action of trover brought by Watkins against J. & W. Einney for a boiler and fixtures, one hydraulic press with pumps complete, and other-property (all of which was the implements used in a candle factory in the manufacture of candles, and some materials of which candles were to be made). Plea, not guilty. At the trial, the plaintiff offered in evidence a paper purporting to be a bill of sale by Wm. H. Saunders to the plaintiff, of all his, Saunders’, right, title and interest in his candle factory, one boiler and fixtures, one hydraulic press…
1Opinion of the CourtBirch, J.
We deem it scarcely neccessary to refer to authority, in order to determine that the property in question was personal, and properly tho subject of suit in the form of action adopted by tho plaintiff. The liberal and least erring rule of modern jurists, namely, that whatever is necessarily connected with the freehold by the tenant, for the purpose of carrying on the trade or business for which it has been demised to him, does not thereby “attach” to the realty, hut remains the chattel or fixture of the out-going tenant, is believed to apply too obviously and plainly to this transaction, to…
2Cited by5 opinions
- Matz v. Miami Club Restaurant (Mo. 1939)Missouri Court of Appeals · 1939
- Graves v. PierceSupreme Court of Missouri · 1873
- Rosenau v. SyringOregon Supreme Court · 1894
- Stout v. StoppelSupreme Court of Minnesota · 1882
- State ex rel. Kidney v. Marshall & Co.Missouri Court of Appeals · 1877