McFadden v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 20,1888, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Circuit. This was an action to recover for the alleged conversion of certain structures, machinery and other articles placed upon real estate hy plaintiff. The "facts, so far as material, are stated in the opinion of Follett, Ch. J.
1Opinion of the Court
In determining as between mortgagor and mortgagee, whether articles are or are not fixtures, the same rules prevail which are applicable to cases arising between grantors and grantees. (Snedeker v. Warring, 12 N.Y. 170; Gardner v. Finley, 19 Barb. 317; Laflin v. Griffiths, 35 id. 58; Robinson v.Preswick, 3 Edw. Ch. 246; Main v. Schwarzwaelder, 4 E.D. Smith, 273; 1 Dart V. and P. [6th ed.] 607; 1 Jones Mort., sec. 428.) And as between mortgagor and mortgagee the same rules are applicable to articles placed on the mortgaged premises by the mortgagor after the execution of the mortgage. (Gardner…
2Cases cited12 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Snedeker v. . WarringNew York Court of Appeals · 1854
- Tyson v. . PostNew York Court of Appeals · 1888
- Cogswell v. CogswellNew York Court of Chancery · 1834
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3Cited by33 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Gunderson v. SwarthoutWisconsin Supreme Court · 1899
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Paine v. McDowellSupreme Court of Vermont · 1898
- Duntz v. Granger Brewing Co.New York Supreme Court · 1903
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