Duntz v. Granger Brewing Co.
New York Supreme Court
Action to foreclose a mortgage, on real estate. The defendant Pfandler Company defends this action, claiming that certain of the property sought to be foreclosed herein is personal property and not subject to the lien of the plaintiff’s mortgage.
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Action to foreclose a mortgage, on real estate. The defendant Pfandler Company defends this action, claiming that certain of the property sought to be foreclosed herein is personal property and not subject to the lien of the plaintiff’s mortgage. On the 12th day of November, 1898, the Pfandler "Vacuum Fermentation Company, the predecessor in interest of the Pfandler Company, entered into a written contract with the Granger Brewing Company, whereby it agreed to erect in the latter company’s brewery its plant for operating its system of manufacturing lager beer, including three glass-enameled…
1Opinion of the CourtCochrane, J.
It may be assumed that, but for the agreement between the Pfaudler Company and the Granger Brewing Company, the title to and ownership of the property in question should continue to be in the Pfaudler Company until paid for, such property would be fixtures, on account of its nature and the manner of its annexation to the realty. It is settled, however, in this State that articles which would ordinarily become fixtures may retain their character as personal property by reason of a special agreement to that effect between the parties. It is also settled that the rights of the mortgagee of the…
2Cases cited10 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Snedeker v. . WarringNew York Court of Appeals · 1854
- McFadden v. . AllenNew York Court of Appeals · 1892
- Buckley v. BuckleyNew York Supreme Court · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
- Davis v. . BlissNew York Court of Appeals · 1907
- De Bevoise v. Maple Avenue Construction Co.New York Court of Appeals · 1920
- Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
- Breakstone v. Buffalo Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
9 more not listed; retrieve them via the Exa API.