Legal Opinion

Tabor v. Robinson

New York Supreme Court

Decided May 12, 1862PublishedCited by 10 opinions

APPEAL from a judgment of the county court of Dutchess county, rendered in an action commenced before a justice of the peace. The plaintiff recovered a judgment, before the justice, which was reversed by the county court.

1Opinion of the Court

By the Oourt,

Brown, J.

The articles claimed to have been fixtures, and a part of the realty, consisted of the shelves, drawers and counter-tables in a building used as a country store, in the town of Dover, Dutchess county. They were in the building and in actual use at the time of the contract to purchase made between George Tabor and George Robin*484son, the parties to this action. The question is between vendor and vendee, and is to be determined by the rules which prevail and apply between persons in that relation. The shelves and drawers (the witnesses said) were put in after the usual way.…

2Cases cited1 opinion

  1. Tuthill v. WheelerNew York Supreme Court · 1849

3Cited by10 opinions

  1. Rogers v. CrowSupreme Court of Missouri · 1867
  2. Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
  3. Smith v. McCluskeyNew York Supreme Court · 1866
  4. Shaw v. LenkeNew York Court of Common Pleas · 1865
  5. Wicks v. BowmanNew York Court of Common Pleas · 1874

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