Farrar v. Chauffetete
New York Supreme Court
Trover for a horse power and machinery connected with it for malting pumps. The action was tried at the Jefferson circuit in June, 1845, before Gridley, Cir. Judge. The horse power and machinery Were erected by John L. Farrar. He owned a small farm upon which was a building within which the whole was placed.
Read the full summary
Trover for a horse power and machinery connected with it for malting pumps. The action was tried at the Jefferson circuit in June, 1845, before Gridley, Cir. Judge. The horse power and machinery Were erected by John L. Farrar. He owned a small farm upon which was a building within which the whole was placed. The horse power was a large horizontal wheel in the basement of the building, which turned on an iron pivot driven into the centre of two large sticks of timber crossing each other at right angles and imbedded in the ground. The rest of the machinery was fixed in the building partly by…
1Opinion of the Court
By the Court, Whittlesey, J.
There are but two questions made by the bill of exceptions. The important one relates to the character of the property in controversy, whether it is personal, or so connected with the freehold as to be properly called a fixture. The defendant, Peter Chauffetéte, is the grantee of the purchaser of the real estate under an execution ; the plaintiff the assignee of the purchaser of the personal property under an execution against the same party. The title of the defendant is the eldest, and if the property in controversy is so attached to the freehold as to be a…
2Cases cited1 opinion
- Walker v. ShermanNew York Supreme Court · 1839
3Cited by24 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Potter v. . CromwellNew York Court of Appeals · 1869
- Spraights v. . HawleyNew York Court of Appeals · 1868
- Murdock v. . GiffordNew York Court of Appeals · 1858
19 more not listed; retrieve them via the Exa API.