Globe Marble Mills Company v. . Quinn
New York Court of Appeals
Appeal from judgment of tho General Term of the City .Co.urt of .Brooklyn, affirming a judgment in favor of plaintiff entered upon the report of a referee. . .Tlijs .action was brought to. recover .'damages for the alleged conversion of certain machinery and fixtures, tools, etc. ... ...The.rcfer.ec found, substantially, the following facts : One John Doherty, being the owner in fee of premises, situate in the city of Brooklyn, on the 1st day of October, 1868, leased the…
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Appeal from judgment of tho General Term of the City .Co.urt of .Brooklyn, affirming a judgment in favor of plaintiff entered upon the report of a referee. . .Tlijs .action was brought to. recover .'damages for the alleged conversion of certain machinery and fixtures, tools, etc. ... ...The.rcfer.ec found, substantially, the following facts : One John Doherty, being the owner in fee of premises, situate in the city of Brooklyn, on the 1st day of October, 1868, leased the same to Ronald McDonald for a term of ten years, the said premises being’ vacant and unimproved lots ; said lease contained…
1Opinion of the CourtAndrews, J.
Assuming that there Avas such an annexation of the machinery placed by the plaintiff in the mill, on the premises hoav OAvmed by the defendant, as Avould, Avithin the general rule of kuv, and as between vendor and vendee, make it a part of the realty, the fact that -the plaintiff was lessee at the time the annexation Avas made, preserved its character as personal property, and the lessee could Inwc removed it at any time during the existence of the tenancy.
The defendant, Avho has derived title to the real estate under a mortgage executed by the lessor, subsequent to the lease, and while the…
2Cases cited1 opinion
- Mott v. . PalmerNew York Court of Appeals · 1848
3Cited by10 opinions
- Trabue Pittman Corp. v. County of Los AngelesCalifornia Supreme Court · 1946
- Bergh v. Herring-Hall-Marvin Safe Co.Court of Appeals for the Second Circuit · 1905
- Bernheimer v. AdamsAppellate Division of the Supreme Court of the State of New York · 1902
- In re Appointment of Park CommissionersSuperior Court of Buffalo · 1888
- Quality Milk Products Co. v. Endowment Loan & Mortgage Co.Supreme Court of Oklahoma · 1935
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