Cutler Mail Chute Co. v. Crawford
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cutler Mail Chute Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of May, 1914, both as originally entered and as enlarged by an order entered in said clerk’s office on the 12th day of May, 1914. The judgment was entered upon a dismissal of the complaint by direction of the court at the close of the whole case.
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Appeal by the plaintiff, Cutler Mail Chute Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of May, 1914, both as originally entered and as enlarged by an order entered in said clerk’s office on the 12th day of May, 1914. The judgment was entered upon a dismissal of the complaint by direction of the court at the close of the whole case. The action was to recover the value of a mailing apparatus consisting of a mail box and mail chute which had been installed in a building known as the…
1Opinion of the Court
Hotchkiss, J.:
I think it is quite clear, particularly under the circumstances disclosed by the agreement, that the apparatus in question was not annexed to the building in such manner as to lose its character as personal property. (Central Union Gas Co. v. Browning, 210 N. Y. 10; Fitzgibbons Boiler Co. v. Manhasset Realty Corp., 125 App. Div. 767, Scott, J., dissenting; reversed on dissenting opinion of Scott, J., 198 N. Y. 517; Murdock v. Gifford, 18 id. 28; McKeage v. Hanover Fire Ins. Co., 81 id. 38; Cosgrove v. Troescher, 62 App. Div. 123.) The apparatus thus remained a chattel and was…
2Cases cited6 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Central Union Gas Co. v. . BrowningNew York Court of Appeals · 1913
- Cosgrove v. TroescherAppellate Division of the Supreme Court of the State of New York · 1901
- Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
- Lambert Hoisting Engine Co. v. CarmodySupreme Court of Connecticut · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Craine Silo Co. v. Alden State BankAppellate Division of the Supreme Court of the State of New York · 1926
- Ja-Mo Associates, Inc. v. 56 Fulton St. Garage Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Prudential Westchester Corp. v. TomasinoAppellate Division of the Supreme Court of the State of New York · 1958
- Holley v. A. W. Haile Motor Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Matter of N.Y. World-Telegram Corp. v. McGoldrickNew York Court of Appeals · 1948
1 more not listed; retrieve them via the Exa API.