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.
1Dissent
Scott, J. (dissenting):
The plaintiff appeals from a judgment dismissing the complaint in an action for the conversion of certain boilers, used for heating purposes and contained in an apartment house owned by defendant.
In March, 1900, the boilers were installed by plaintiff, by whom they had been sold to one Leonard Kirk under the usual conditional bill of sale, by which it was agreed that the title thereto should remain in the vendor until the boilers should be fully paid for. This was with the consent of the then owner of the property, one Noble, who knew that the boilers had been purchased…
2Cases cited9 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Tifft v. . HortonNew York Court of Appeals · 1873
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Mott v. . PalmerNew York Court of Appeals · 1848
- Kirk v. CrystalAppellate Division of the Supreme Court of the State of New York · 1907
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