Legal Opinion

Shaw v. Lenke

New York Court of Common Pleas

Decided July 15, 1865PublishedCited by 10 opinions

Appeal by the plaintiff from a judgment of the Sixth District Court, dismissing the complaint. . The action was brought to recover the value of certain gas-brackets and chandeliers, claimed to be wrongfully detained by the defendant. The fixtures were attached to two buildings in Thirty-Eighth Street, in the City of New York, belonging to the plaintiff’s assignor. Diehard W. Horn, who by deed conveyed the houses to the defendants.

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Appeal by the plaintiff from a judgment of the Sixth District Court, dismissing the complaint. . The action was brought to recover the value of certain gas-brackets and chandeliers, claimed to be wrongfully detained by the defendant. The fixtures were attached to two buildings in Thirty-Eighth Street, in the City of New York, belonging to the plaintiff’s assignor. Diehard W. Horn, who by deed conveyed the houses to the defendants. The defence was, that the brackets and chandeliers in suit were fixtures, and as such passed by the conveyance to defendants, as appurtenant to the freehold. The…

1Opinion of the Court

By the Court.

Brady, J.

The rule of law applicable to this case is stated substantially as follows, in Walker v. Sherman (20 Wend., 645): “ Articles of furniture movable in their nature, are not fixtures, although attached by screws, nails, brackets, &c. Such things are hangings, pier-glasses, chimney, glasses, bookcases, carpets, blinds, curtains, &c.” (Gibbons on Fixtures, 20, 21). The removal of gas-fixtures is analogous to the removal of a stove temporarily attached to the floor and to the chimney, by means of the pipe, and which would not pass by conveyance as part of the property…

2Cases cited5 opinions

  1. Walker v. ShermanNew York Supreme Court · 1839
  2. Leland v. . CameronNew York Court of Appeals · 1865
  3. Farrar v. ChauffeteteNew York Supreme Court · 1848
  4. Tabor v. RobinsonNew York Supreme Court · 1862
  5. Freeland v. SouthworthNew York Supreme Court · 1840

3Cited by10 opinions

  1. Underhill v. . CollinsNew York Court of Appeals · 1892
  2. McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
  3. Fratt v. WhittierCalifornia Supreme Court · 1881
  4. New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
  5. Cosgrove v. TroescherAppellate Division of the Supreme Court of the State of New York · 1901

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