Tifft v. . Horton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo,, affirming a judgment in favor of the plaintiffs, entered upon the verdict of a* jury. This action was brought to recover damages for the alleged conversion of a boiler and engine. The plaintiffs, under a written contract, manufactured the engine and boiler in question, with other machinery, for .Mrs.
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Appeal from judgment of the General Term of the Superior Court of Buffalo,, affirming a judgment in favor of the plaintiffs, entered upon the verdict of a* jury. This action was brought to recover damages for the alleged conversion of a boiler and engine. The plaintiffs, under a written contract, manufactured the engine and boiler in question, with other machinery, for .Mrs. Jane Coombs Brown, to be put up and used in a new elevator, which Mrs. Brown was building, in the city of Buffalo. By the terms of the contract Mrs. Brown was to give, for a portion of the purchase-price of the boiler,…
1Opinion of the CourtFolger, J.
It is well settled that chattels may be annexed to the real estate and still retain their character as personal property. (See Voorhees v. McGinnis, 48 N. Y., 278, and cases there cited.) Of the various circumstances which may determine whether in any case this character is or is not retained, the intention with which they are annexed is one; and if the intention is, that they shall not by annexation become a part of the freehold, as a general rule they will not. The limitation to this, is where the subject or mode of annexation is such, as that the attributes of personal property cannot be…
2Cases cited6 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Potter v. . CromwellNew York Court of Appeals · 1869
- Mott v. . PalmerNew York Court of Appeals · 1848
- Lane v. KingNew York Supreme Court · 1832
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3Cited by102 opinions
- San Diego Trust & Savings Bank v. County of San DiegoCalifornia Supreme Court · 1940
- Binkley v. ForknerIndiana Supreme Court · 1889
- Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
- Sword v. LowIllinois Supreme Court · 1887
- Davis v. . BlissNew York Court of Appeals · 1907
97 more not listed; retrieve them via the Exa API.