Fitzgibbons Boiler Co. v. Manhasset Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Fitzgibbons Boiler Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rew York on the 23d day of October, 1907, upon the dismissal of the complaint by direction of the court after a trial at the Rew York Trial Term.
1Opinion of the Court
Houghton, J.:
The action is for conversion of certain steam-heating boilers installed as a part, of the steam-heating plant of an apartment house in the city of Rew York.
The premises were originally owned by one Roble and the apartment was erected by him. During the course of its erection he contracted with one Kirk to supply the heating apparatus therefor. Kirk contracted with the plaintiff for certain boilers for the heating system of the building, on condition that title should remain in the vendor until they were paid for, and Roble knew of this conditional purchase. The conditional bill…
2Cases cited4 opinions
- Duntz v. Granger Brewing Co.New York Supreme Court · 1903
- Duntz v. . Granger Brewing CompanyNew York Court of Appeals · 1906
- Jermyn v. HunterAppellate Division of the Supreme Court of the State of New York · 1904
- Andrews v. PowersAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by14 opinions
- Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
- Ratchford v. Cayuga County Cold Storage & Warehouse Co.New York Court of Appeals · 1916
- McCloskey v. . HendersonNew York Court of Appeals · 1921
- Colwell Lead Co. v. Home Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- Cutler Mail Chute Co. v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1915
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