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Halp Bros--Old Law Firm Stole My Couch

I worked at a firm and recently left. When I first started w...
Wine duck-like set partner
  10/04/12
take it and make him stop you
Red locale
  10/04/12
Lmao!
Big stage immigrant
  10/04/12
...
Learning Disabled Laser Beams Pistol
  10/05/12
what state?
thirsty associate
  10/04/12
lol
hairraiser roommate boistinker
  10/04/12
lol
Trip locus
  10/04/12
...
embarrassed to the bone stag film pozpig
  10/04/12
fuckin' steve
floppy liquid oxygen station
  10/04/12
shitlaw steve
Learning Disabled Laser Beams Pistol
  10/04/12
...
brass den
  05/12/22
If I recall correctly from my 1L property class, you may hav...
Learning Disabled Laser Beams Pistol
  10/04/12
180
Vibrant Party Of The First Part Corn Cake
  10/04/12
...
Learning Disabled Laser Beams Pistol
  10/04/12
Lol xoxo
snowy talented step-uncle's house
  10/04/12
The firm is the tenant. Analysis irrelevant unless the shitl...
bronze dilemma hissy fit
  10/05/12
Couches aren't fixtures of any type.
Cerebral henna whorehouse dragon
  10/05/12
Ah, yes, well, because I'm a BIGLAW billy rather than a shit...
Learning Disabled Laser Beams Pistol
  10/05/12
This is so 180. Well done.
bossy jap preventive strike
  10/05/12
tyty
Learning Disabled Laser Beams Pistol
  10/05/12
180
Lascivious claret foreskin
  10/05/12
180
Sinister temple
  08/22/13
...
Razzmatazz misunderstood property
  05/27/17
Bigfinderskeeperslaw
Provocative toaster goal in life
  07/19/17
180 if real, 180 if not real
multi-colored pearly faggotry
  10/05/12
...
Learning Disabled Laser Beams Pistol
  10/05/12
...
Learning Disabled Laser Beams Pistol
  11/28/12
...
Walnut Bawdyhouse Gunner
  12/06/13
180 well done.
Onyx Stage Yarmulke
  12/06/13
Couches don't even get installed. The doctrine you're looki...
Trip locus
  05/27/17
...
Wonderful National Security Agency Goyim
  05/12/22
Eh, I don't know about no couch but I'd probably be facing f...
diverse stead
  10/04/12
why do you steal from your employer bro?
Learning Disabled Laser Beams Pistol
  10/04/12
I just have a thing for paper clips and post-it notes. I thi...
diverse stead
  10/04/12
sweet good luck bro
Learning Disabled Laser Beams Pistol
  10/04/12
thought for sure this would be johnsmeyer
Provocative toaster goal in life
  10/04/12
It's one of his alts
Learning Disabled Laser Beams Pistol
  10/04/12
Flame.
Charismatic corner kitty cat
  10/04/12
cr
Learning Disabled Laser Beams Pistol
  10/04/12
You are flame or the partner is a fucking idiot. In no way ...
Razzle-dazzle principal's office half-breed
  10/05/12
Fuck yo couch! Buy another one you rich motherfucker! ...
umber alcoholic ratface university
  10/05/12
...
Learning Disabled Laser Beams Pistol
  10/05/12
...
Harsh church building
  05/27/17
...
Sinister temple
  12/06/13
Please sue. Best law suit ever.
Trip locus
  05/27/17
...
Contagious Institution
  07/19/17
lol no not a fucking fixture. And even if it was ... ? your...
slippery hell
  07/19/17
...
brass den
  08/28/21


Poast new message in this thread



Reply Favorite

Date: October 4th, 2012 5:28 PM
Author: Wine duck-like set partner

I worked at a firm and recently left. When I first started with this firm, I purchased a couch to nap on between 2pm and 3pm each day, schedule permitting. I was packing up my office last weekend and brought a friend along to help move the couch out. The partner happened to be there and said "not so fast, that's my couch." I calmly explained I had purchased it and brought it in to the office to nap on. He called it an "abandoned fixture" and said under some county ordinance it belonged to him. Halp.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716858)



Reply Favorite

Date: October 4th, 2012 7:14 PM
Author: Red locale

take it and make him stop you

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717732)



Reply Favorite

Date: October 4th, 2012 11:50 PM
Author: Big stage immigrant

Lmao!

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719984)



Reply Favorite

Date: October 5th, 2012 11:10 AM
Author: Learning Disabled Laser Beams Pistol



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011)



Reply Favorite

Date: October 4th, 2012 5:32 PM
Author: thirsty associate

what state?

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716895)



Reply Favorite

Date: October 4th, 2012 6:23 PM
Author: hairraiser roommate boistinker

lol

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717373)



Reply Favorite

Date: October 4th, 2012 6:30 PM
Author: Trip locus

lol

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717412)



Reply Favorite

Date: October 4th, 2012 6:35 PM
Author: embarrassed to the bone stag film pozpig



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717441)



Reply Favorite

Date: October 4th, 2012 6:39 PM
Author: floppy liquid oxygen station

fuckin' steve

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717460)



Reply Favorite

Date: October 4th, 2012 11:17 PM
Author: Learning Disabled Laser Beams Pistol

shitlaw steve

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719624)



Reply Favorite

Date: May 12th, 2022 4:18 PM
Author: brass den



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501339)



Reply Favorite

Date: October 4th, 2012 6:46 PM
Author: Learning Disabled Laser Beams Pistol

If I recall correctly from my 1L property class, you may have a right to the furniture. The common law rule is that whatsoever is fixed to the realty is thereby made a part of the realty to which it adheres. However, the new, prevailing rule is that tenants may remove whatever they install for the purpose of carrying on a trade (i.e. trade fixtures), provided that they can be uninstalled without injury to the premises, and that such removal is effected before they yield possession of the premises. Arguably, the couch was a trade fixture--you put it in your office for the purpose of aiding you in carrying on your trade as a lawyer. Given that you can remove it without injury to the premises, and because you haven't completely yielded possession of the premises, I think you have a colorable claim that you have a right to that couch, notwithstanding any extant ordinances. The rationale behind this rule is that it is conducive to trade and commerce. The tenant installs things for the benefit of carrying on his trade, not to enhance the landlord's realty.

You should also be aware that there are other theories that may be applied to these circumstances, depending on what jurisdiction you're in. There is the institutional theory: additions to the realty become a part of an economic unit, and therefore become the landlord's property.

I sincerely xoxohth. Let me know if you have any questions or if I need to clarify or expand on anything.



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717502)



Reply Favorite

Date: October 4th, 2012 7:08 PM
Author: Vibrant Party Of The First Part Corn Cake

180

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717675)



Reply Favorite

Date: October 4th, 2012 10:07 PM
Author: Learning Disabled Laser Beams Pistol



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718985)



Reply Favorite

Date: October 4th, 2012 10:08 PM
Author: snowy talented step-uncle's house

Lol xoxo

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718995)



Reply Favorite

Date: October 5th, 2012 2:11 AM
Author: bronze dilemma hissy fit

The firm is the tenant. Analysis irrelevant unless the shitlaw firm is some sort of coöp structured like a salon where you rent your own chair/office. HTH

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720779)



Reply Favorite

Date: October 5th, 2012 4:26 AM
Author: Cerebral henna whorehouse dragon

Couches aren't fixtures of any type.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720974)



Reply Favorite

Date: October 5th, 2012 9:46 AM
Author: Learning Disabled Laser Beams Pistol

Ah, yes, well, because I'm a BIGLAW billy rather than a shitlaw steve, I would bring multiple claims if I was helping OP get his couch back. The aforesaid analysis is merely a possible argument if my other more cogent arguments fail. Look at it as a sort of quasi-landlord-tenant argument, perhaps. Surely, though, there is an argument to be made under the doctrine of finders. Let’s see what that analysis would look like, shall we? The rule of finders is that the finder of property has a right to that property against all the world except the true owner or prior possessor. In this case, OP is the true owner and prior possessor. Therefore, his boss does not have a right to that property. However, bossman is claiming that OP abandoned the couch. In order for one to abandon something, there must be an act of abandonment and intent to abandon. I’ll go ahead and concede that there was an act of abandonment; there is surely an argument that there was. However, OP never intended to abandon the property, as evidenced by his return to the premises in order to retrieve said property. Therefore, the property was not abandoned. Thus, again, OP has a colorable claim that he has a right to that couch.

Again, I sincerely xoxohth. Do let me know if I need to clarify or expand on anything.



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721355)



Reply Favorite

Date: October 5th, 2012 12:05 PM
Author: bossy jap preventive strike

This is so 180. Well done.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722470)



Reply Favorite

Date: October 5th, 2012 2:06 PM
Author: Learning Disabled Laser Beams Pistol

tyty

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723397)



Reply Favorite

Date: October 5th, 2012 2:17 PM
Author: Lascivious claret foreskin

180

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723458)



Reply Favorite

Date: August 22nd, 2013 11:20 PM
Author: Sinister temple

180

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#23915695)



Reply Favorite

Date: May 27th, 2017 2:49 PM
Author: Razzmatazz misunderstood property



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409163)



Reply Favorite

Date: July 19th, 2017 2:11 PM
Author: Provocative toaster goal in life

Bigfinderskeeperslaw

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809764)



Reply Favorite

Date: October 5th, 2012 7:07 AM
Author: multi-colored pearly faggotry

180 if real, 180 if not real

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721095)



Reply Favorite

Date: October 5th, 2012 2:39 PM
Author: Learning Disabled Laser Beams Pistol



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723576)



Reply Favorite

Date: November 28th, 2012 10:30 PM
Author: Learning Disabled Laser Beams Pistol



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#22130665)



Reply Favorite

Date: December 6th, 2013 9:34 AM
Author: Walnut Bawdyhouse Gunner



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579596)



Reply Favorite

Date: December 6th, 2013 2:24 PM
Author: Onyx Stage Yarmulke

180 well done.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24581212)



Reply Favorite

Date: May 27th, 2017 2:50 PM
Author: Trip locus

Couches don't even get installed. The doctrine you're looking for here is manifestly mislaid.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409172)



Reply Favorite

Date: May 12th, 2022 4:24 PM
Author: Wonderful National Security Agency Goyim



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501373)



Reply Favorite

Date: October 4th, 2012 10:09 PM
Author: diverse stead

Eh, I don't know about no couch but I'd probably be facing felony jail time if they added up all the office supplies I stole over the years.



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718998)



Reply Favorite

Date: October 4th, 2012 10:15 PM
Author: Learning Disabled Laser Beams Pistol

why do you steal from your employer bro?

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719060)



Reply Favorite

Date: October 4th, 2012 10:16 PM
Author: diverse stead

I just have a thing for paper clips and post-it notes. I think I'm kinda planning to build a yacht out of post-its.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719075)



Reply Favorite

Date: October 4th, 2012 10:20 PM
Author: Learning Disabled Laser Beams Pistol

sweet good luck bro

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719119)



Reply Favorite

Date: October 4th, 2012 10:20 PM
Author: Provocative toaster goal in life

thought for sure this would be johnsmeyer

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719117)



Reply Favorite

Date: October 4th, 2012 10:24 PM
Author: Learning Disabled Laser Beams Pistol

It's one of his alts

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719163)



Reply Favorite

Date: October 4th, 2012 11:19 PM
Author: Charismatic corner kitty cat

Flame.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719634)



Reply Favorite

Date: October 4th, 2012 11:43 PM
Author: Learning Disabled Laser Beams Pistol

cr

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719909)



Reply Favorite

Date: October 5th, 2012 9:18 AM
Author: Razzle-dazzle principal's office half-breed

You are flame or the partner is a fucking idiot. In no way is a couch a fixture. In no way have you abandoned it.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721248)



Reply Favorite

Date: October 5th, 2012 12:08 PM
Author: umber alcoholic ratface university

Fuck yo couch!

Buy another one you rich motherfucker!

Darkness is! Darkness is!

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722501)



Reply Favorite

Date: October 5th, 2012 6:42 PM
Author: Learning Disabled Laser Beams Pistol



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21725143)



Reply Favorite

Date: May 27th, 2017 2:59 PM
Author: Harsh church building



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409210)



Reply Favorite

Date: December 6th, 2013 9:29 AM
Author: Sinister temple



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579568)



Reply Favorite

Date: May 27th, 2017 2:50 PM
Author: Trip locus

Please sue. Best law suit ever.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409168)



Reply Favorite

Date: July 19th, 2017 2:01 PM
Author: Contagious Institution



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809690)



Reply Favorite

Date: July 19th, 2017 2:33 PM
Author: slippery hell

lol no not a fucking fixture. And even if it was ... ? your an employee

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809893)



Reply Favorite

Date: August 28th, 2021 12:54 PM
Author: brass den



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653)