Pioneer Savings & Loan Co. v. Fuller
Supreme Court of Minnesota
Appeal by plaintiff, the Pioneer Savings and Loan Company, a corporation, from an order of the District Court of Hennepin County, Seagrave Smith and Frederick Hooker, JJ., made July 11, 1893, denying its motion for a new trial. Elwood S. Cook owned lot seven in block sixteen of Calhoun Park Addition, Minneapolis, with the dwelling house thereon and on July 1, 1890, mortgaged it to plaintiff to secure the payment of $4,000 and interest.
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Appeal by plaintiff, the Pioneer Savings and Loan Company, a corporation, from an order of the District Court of Hennepin County, Seagrave Smith and Frederick Hooker, JJ., made July 11, 1893, denying its motion for a new trial. Elwood S. Cook owned lot seven in block sixteen of Calhoun Park Addition, Minneapolis, with the dwelling house thereon and on July 1, 1890, mortgaged it to plaintiff to secure the payment of $4,000 and interest. The house was not completed and Cook agreed to finish it according to plans and specifications. These included a mantle, grate and tiling. On June 13, 1891,…
1Opinion of the CourtCollins, J.
When the annexation of a chattel to real property by a tenant is of such a nature that it can be detached without *63being materially injured, and without material injury to the things real to which it is annexed, and there is an agreement between a landlord and the tenant that the chattel shall remain personal property notwithstanding the annexation, the chattel will, as between them, retain that character. Warner v. Kenning, 25 Minn. 173. See, also, Stout v. Stoppel, 30 Minn. 56, (14 N. W. 268;) Ingalls v. St. Paul, M. & M. Ry. Co., 39 Minn. 479, (40 N. W. 524.) The respondent had the right,…
2Cases cited6 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- Merchants' National Bank of Crookston v. StantonSupreme Court of Minnesota · 1893
- Ingalls v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Stout v. StoppelSupreme Court of Minnesota · 1882
- Vandiver v. O'GormanSupreme Court of Minnesota · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frost v. SchinkelNebraska Supreme Court · 1931
- Hanson v. VoseSupreme Court of Minnesota · 1919
- White Enamel Refrigerator Co. v. KruseSupreme Court of Minnesota · 1913
- Berg v. OlsonSupreme Court of Minnesota · 1903
- Vandiver v. O'GormanSupreme Court of Minnesota · 1894
2 more not listed; retrieve them via the Exa API.