Keefe v. Furlong
| Citation | 70 N.W. 1110,96 Wis. 219 |
| Parties | KEEFE v. FURLONG. |
| Decision Date | 30 April 1897 |
| Court | United States State Supreme Court of Wisconsin |
OPINION TEXT STARTS HERE
Appeal from superior court, Milwaukee county; J. C. Ludwig, Judge.
Suit by John C. Keefe against E. J. Furlong, assignee of the Johnston-Furlong Company. From a judgment for defendant, plaintiff appeals. Affirmed.
This is an action in equity to enjoin the removal of certain machinery from a building owned by plaintiff in the city of Milwaukee, on the ground that the machinery and other articles in question are fixtures. The machinery in question consists, among other things, of certain candy furnaces and stoves, steam coils, shafting and pulleys, shelving and counters, one steam engine and two steam boilers connecting therewith; also, a water meter. The building in question had been used as a candy and cracker factory for a number of years. The action was tried before a referee, who found the facts substantially as follows: That on the 22d of July, 1890, a corporation known as the Milwaukee Cracker & Candy Company owned the brick building and premises upon which the machinery is situated,--the stockholders in said company being John C. Keefe, Charles E. Sammond, and W. R. Stephens,--and that on the said 22d of July said stockholders agreed in writing to separate the business from the real estate, and to convey the building to John C. Keefe, in consideration of his transferring his stock to the other stockholders, and assuming a portion of the debts of the company. This agreement was carried out July 29th following, on which day said company deeded to Keefe the said real estate, and Keefe leased the same to Sammond and Stephens; said lease containing the following provision: “It being expressly understood and agreed by the respective parties hereto that all personal property and the machinery in said building, and the machinery in the cracker ovens, belongs to the said lessees absolutely, with the full privilege of removal.” It further appears by the findings that Sammond and Stephens transferred all the said property and their rights under the said lease to the candy company with the knowledge and consent of Keefe; that said candy company made a voluntary assignment of all its property to one Roddis in December, 1892, and that the inventory of said assigned property contained all the articles in question, except certain partitions; that in January, 1893, Roddis, as assignee, sold all of said articles and machinery to one Johnston, with the...
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