Muehling v. Muehling
Supreme Court of Pennsylvania
Appeal, No. 2, Jan. T., 1897, by Franklin H. Muehling, from order of C. P. Monroe Co., Dec. T., 1894, No. 96, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The case was referred to Cicero Gearhart, Esq., who reported as follows: From the evidence it appears that Chas.
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Appeal, No. 2, Jan. T., 1897, by Franklin H. Muehling, from order of C. P. Monroe Co., Dec. T., 1894, No. 96, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The case was referred to Cicero Gearhart, Esq., who reported as follows: From the evidence it appears that Chas. Muehling and John H. Johnson were in the knitting mill business at Philadelphia prior to 1889. In the year 1889, several of the citizens of East Stroudsburg went to Philadelphia to negotiate with the said Muehling and Johnson for the purpose of having them remove their business from Philadelphia to…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The question to be determined on this appeal is whether the hosiery knitters, ribbers, steam press and dynamo purchased for and placed in the lmitting mill, by the owners thereof, were intended by them as component parts of their factory, and subject to the lien of the mortgage upon it, or as personalty subject to removal by them at their pleasure and against the protest of their mortgagee. The learned auditor to whom the question was referred found as a fact that it was their intention in placing this machinery in the mill to place it there as fixtures and a…
2Cases cited4 opinions
- Morris's AppealSupreme Court of Pennsylvania · 1879
- Roberts v. Dauphin Deposite BankSupreme Court of Pennsylvania · 1852
- Clore v. LambertCourt of Appeals of Kentucky · 1879
- Tillman v. De LacySupreme Court of Alabama · 1885
3Cited by7 opinions
- Bullock Electric Manufacturing Co. v. Lehigh Valley Traction Co.Supreme Court of Pennsylvania · 1911
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- In re BeegDistrict Court, E.D. Pennsylvania · 1911
- McConnell v. Chelton Trust Co.Court of Appeals for the Third Circuit · 1922
- In re East Stroudsburg Glass Co.District Court, M.D. Pennsylvania · 1917
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