Sheldon v. Wickham
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Edwin B. Sheldon against Bichard Wickham and another, as assignee for benefit of creditors, to foreclose a mortgage on a factory and the machinery therein. Judgment for defendants. Plaintiff appeals. Affirmed.
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Appeal from judgment on report of referee. Action by Edwin B. Sheldon against Bichard Wickham and another, as assignee for benefit of creditors, to foreclose a mortgage on a factory and the machinery therein. Judgment for defendants. Plaintiff appeals. Affirmed. This action was brought to foreclose a mortgage executed on the 15th day of April, 1891. The mortgagor, Richard Wickham, had, in 1875 or 1876, erected for one Arnold a building in the city of Albany, and immediately thereafter occupied the same as a carpenter shop, as the tenant of the owner, and continued such tenancy until the time…
1Dissent
PUTNAM, J. (dissenting).
Irrespective of the question whether the articles of machinery which are the subject of the controversy in this action were, at the time of the execution of the mortgage, fixtures, and thus a part of the realty or personal property, we see no reason to doubt that by the terms of the mortgage they were conveyed to the mortgagee as security for the loan then made for $12,000. The machinery was attached to and on the real estate described in said mortgage, and after such description of the real estate mortgaged was the clause, “together with the buildings, machinery, and…
2Cases cited10 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Potter v. . CromwellNew York Court of Appeals · 1869
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
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