Guthrie v. Jones
Massachusetts Supreme Judicial Court
Tort by Roger C. Guthrie and Daniel McLeod, partners under the firm of Guthrie & McLeod, for the conversion of “ one case of drawers, one glass case, one oyster and trench counter, one other counter known as and called a bar, one mirror, and gas-pipes and gas-fixtures.”
Read the full summary
Tort by Roger C. Guthrie and Daniel McLeod, partners under the firm of Guthrie & McLeod, for the conversion of “ one case of drawers, one glass case, one oyster and trench counter, one other counter known as and called a bar, one mirror, and gas-pipes and gas-fixtures.” Writ dated May 28, 1870. The answer, besides a general denial, alleged “ that the plaintiffs occupied a tenement of the defendant’s as his tenants, and while in such occupation affixed to said tenement, and to the realty of the defendant, certain fixtures which were not removed by them while they so - occupied said tenement,…
1Opinion of the CourtMobtox, J.
We are of opinion that some of the articles claimed in the plaintiffs’ writ are personal chattels, for the conversion of which an action of tort may, upon the facts proved at the trial, be maintained. The glass case, the case of drawers, ;he mirror and the gas-fixtures, though fastened to the walls, were not annexed to the realty so as to become part of it. They are in their nature articles of furniture, and the fact that they were fastened to the walls, for safety or convenience, does not deprive them of their character as personal chattels and make them a part of the realty. Winslow v.…
2Cases cited2 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Hanrahan v. O'ReillyMassachusetts Supreme Judicial Court · 1869
3Cited by29 opinions
- Trabue Pittman Corp. v. County of Los AngelesCalifornia Supreme Court · 1946
- Looney v. Trimount Theatres, Inc.Massachusetts Supreme Judicial Court · 1933
- Freeman v. DawsonSupreme Court of the United States · 1884
- Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
- Chapin v. FreelandMassachusetts Supreme Judicial Court · 1886
24 more not listed; retrieve them via the Exa API.