Reynolds v. Ashby & Son [1904] UKHL 490 (05 August 1904)
The machines, though supplied under a hire-purchase agreement and unpaid for, were affixed to the factory in such a manner and for such a purpose as to become fixtures. As such, they passed to the mortgagee under the mortgage deed, and the original seller could not recover them from the mortgagee.
- Citation
- [1904] UKHL 490
- Parties
- Plaintiff/appellant: Reynolds; Defendants/respondents: Ashby & Son
- Jurisdiction
- United Kingdom
- Judgment Date
- 05 August 1904
- Procedural Posture
- Appeal / House of Lords Judgment on Appeal From Court of Appeal
- Outcome
- Appeal dismissed; judgment for the defendants/respondents affirmed.
- Legal Topics
- Fixtures, Hire Purchase Agreements, Mortgages, Heritable and Moveable Property
Case Brief
Summary, issues, holding and outcome
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Parties
Reynolds
Plaintiff/appellant
Ashby & Son
Defendants/respondents
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Appeal
Legal Issues
- 1 Whether machinery supplied under a hire-purchase agreement and affixed to a mortgaged factory became fixtures passing to the mortgagee or remained chattels recoverable by the seller
Ratio Decidendi
The machines, though supplied under a hire-purchase agreement and unpaid for, were affixed to the factory in such a manner and for such a purpose as to become fixtures. As such, they passed to the mortgagee under the mortgage deed, and the original seller could not recover them from the mortgagee.
Court Disposition
Appeal dismissed; judgment for the defendants/respondents affirmed.
Orders
- Appeal dismissed with costs.
- Judgment of Court of Appeal affirmed.
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