Murphy Door Bed Co. v. New England Bond & Mortgage Co.
This text of 176 N.E. 802 (Murphy Door Bed Co. v. New England Bond & Mortgage Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The principles of law which govern this case are stated with clarity and with ample citation of authorities in Medford Trust Co. v. Priggen Steel Garage Co. 273 Mass. 349. Restatement is unnecessary. The beds in question could be found to be, in fact, articles of household furnishing intended by the owner of the real estate who installed them in his apartment house to form permanently part of the completed dwelling. The trial judge so found on the evidence. That finding is final.
The conditional sale contract was made and the beds were installed before the mortgage of the realty was ex[82]*82ecuted. The beds passed as fixtures to the mortgagee. We need not discuss the rulings requested but not given. They were rendered immaterial or inapplicable by the finding of fact that the beds were fixtures.
The Appellate Division was right. Its order dismissing the report is
Affirmed.
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Cite This Page — Counsel Stack
176 N.E. 802, 276 Mass. 79, 1931 Mass. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-door-bed-co-v-new-england-bond-mortgage-co-mass-1931.