Hook v. Bolton
Massachusetts Supreme Judicial Court
Tort for the conversion of certain articles alleged by the plaintiff to be chattels but claimed by the defendant as fixtures annexed to a dwelling house numbered 86 on Bloomfield Street in Boston which she had purchased at a foreclosure sale.
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Tort for the conversion of certain articles alleged by the plaintiff to be chattels but claimed by the defendant as fixtures annexed to a dwelling house numbered 86 on Bloomfield Street in Boston which she had purchased at a foreclosure sale. Writ in the Municipal Court of the City of Boston dated June 27,1904. On appeal to the Superior Court the case was tried before White, J. At the close of the evidence the plaintiff asked the judge to give to the jury the following instructions: “1. I rule that the gas-fixtures and gas chandeliers in the house were personal property as matter of law, and…
1Opinion of the CourtKnowlton, C. J.
This is an action of tort to recover the
value of certain articles annexed to a dwelling house and used with it. The defendant claimed title under the foreclosure of a mortgage of the real estate. The plaintiff requested the presiding judge to rule as to several classes of these articles that they were personal property and not fixtures.
The principles of law applicable to cases of this kind have been stated many times in recent opinions of this court. In Hopewell Mills v. Taunton Savings Bank, 150 Mass. 519, 521, 522, is this language: “ A machine placed in a building is found to be real…
2Cases cited10 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Southbridge Savings Bank v. MasonMassachusetts Supreme Judicial Court · 1888
- Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stone v. LivingstonMassachusetts Supreme Judicial Court · 1915
- Perley v. City of CambridgeMassachusetts Supreme Judicial Court · 1915
- Bay State York Co. v. Marvix, Inc.Massachusetts Supreme Judicial Court · 1954
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Homeseekers' Realty Co. v. Silent Automatic Sales Corp. Ex Rel. Timken Silent Automatic Co.Court of Appeals of Maryland · 1933
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