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IN RE ST. MARK'S HOSPITAL OF NEW YORK CITY

No. 447.

59 F.2d 1001 (1932)

In re ST. MARK'S HOSPITAL OF NEW YORK CITY. M. P. MOLLER, Inc., v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

June 27, 1932.

Attorney(s) appearing for the Case

Olvany, Eisner & Donnelly, of New York City (Mark Eisner and Samuel Michelman, both of New York City, of counsel), for appellant Irving Trust Co.

Cotton, Franklin, Wright & Gordon, of New York City (Paxton Blair, Wallace P. Zachry, and Henry H. Dinneen, all of New York City, of counsel), for claimant-appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above.)

As we are reminded in Madfes v. Beverly Development Corporation, 251 N.Y. 12, 166 N. E. 787 (see, also, Cohen v. 1165 Fulton Ave. Corporation, 251 N.Y. 24, 166 N. E. 792), there are chattels which have such a distinctly movable character that they continue to be personal property after they have been attached to the realty even when no agreement between their owner and the real estate owner is to that effect...

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