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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...
Slippery hideous juggernaut
  10/04/12
take it and make him stop you
Adventurous duck-like temple indirect expression
  10/04/12
Lmao!
Fragrant orchestra pit yarmulke
  10/04/12
...
Abusive tank
  10/05/12
what state?
Marvelous shivering rigpig lay
  10/04/12
lol
Glassy Federal Scourge Upon The Earth Filthpig
  10/04/12
lol
Domesticated corner
  10/04/12
...
haunting bearded base
  10/04/12
fuckin' steve
irradiated yellow boistinker national security agency
  10/04/12
shitlaw steve
Abusive tank
  10/04/12
...
supple pocket flask
  05/12/22
If I recall correctly from my 1L property class, you may hav...
Abusive tank
  10/04/12
180
harsh milky home
  10/04/12
...
Abusive tank
  10/04/12
Lol xoxo
Indecent painfully honest stage antidepressant drug
  10/04/12
The firm is the tenant. Analysis irrelevant unless the shitl...
Cruel-hearted chapel becky
  10/05/12
Couches aren't fixtures of any type.
Geriatric center
  10/05/12
Ah, yes, well, because I'm a BIGLAW billy rather than a shit...
Abusive tank
  10/05/12
This is so 180. Well done.
blue trust fund cruise ship
  10/05/12
tyty
Abusive tank
  10/05/12
180
Vivacious mildly autistic selfie principal's office
  10/05/12
180
wonderful jet generalized bond sweet tailpipe
  08/22/13
...
histrionic house
  05/27/17
Bigfinderskeeperslaw
dull galvanic abode skinny woman
  07/19/17
180 if real, 180 if not real
Appetizing Library
  10/05/12
...
Abusive tank
  10/05/12
...
Abusive tank
  11/28/12
...
Odious metal hominid
  12/06/13
180 well done.
Ultramarine heady halford
  12/06/13
Couches don't even get installed. The doctrine you're looki...
Domesticated corner
  05/27/17
...
splenetic indian lodge
  05/12/22
Eh, I don't know about no couch but I'd probably be facing f...
sienna gaming laptop
  10/04/12
why do you steal from your employer bro?
Abusive tank
  10/04/12
I just have a thing for paper clips and post-it notes. I thi...
sienna gaming laptop
  10/04/12
sweet good luck bro
Abusive tank
  10/04/12
thought for sure this would be johnsmeyer
dull galvanic abode skinny woman
  10/04/12
It's one of his alts
Abusive tank
  10/04/12
Flame.
orchid confused garrison affirmative action
  10/04/12
cr
Abusive tank
  10/04/12
You are flame or the partner is a fucking idiot. In no way ...
lascivious orange goyim
  10/05/12
Fuck yo couch! Buy another one you rich motherfucker! ...
ungodly vibrant queen of the night site
  10/05/12
...
Abusive tank
  10/05/12
...
vigorous trump supporter
  05/27/17
...
wonderful jet generalized bond sweet tailpipe
  12/06/13
Please sue. Best law suit ever.
Domesticated corner
  05/27/17
...
Frum Beady-eyed Sneaky Criminal
  07/19/17
lol no not a fucking fixture. And even if it was ... ? your...
Emerald Charismatic Candlestick Maker
  07/19/17
...
supple pocket flask
  08/28/21


Poast new message in this thread



Reply Favorite

Date: October 4th, 2012 5:28 PM
Author: Slippery hideous juggernaut

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: Adventurous duck-like temple indirect expression

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: Fragrant orchestra pit yarmulke

Lmao!

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



Reply Favorite

Date: October 5th, 2012 11:10 AM
Author: Abusive tank



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



Reply Favorite

Date: October 4th, 2012 5:32 PM
Author: Marvelous shivering rigpig lay

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: Glassy Federal Scourge Upon The Earth Filthpig

lol

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



Reply Favorite

Date: October 4th, 2012 6:30 PM
Author: Domesticated corner

lol

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



Reply Favorite

Date: October 4th, 2012 6:35 PM
Author: haunting bearded base



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



Reply Favorite

Date: October 4th, 2012 6:39 PM
Author: irradiated yellow boistinker national security agency

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: Abusive tank

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: supple pocket flask



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



Reply Favorite

Date: October 4th, 2012 6:46 PM
Author: Abusive tank

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: harsh milky home

180

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



Reply Favorite

Date: October 4th, 2012 10:07 PM
Author: Abusive tank



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



Reply Favorite

Date: October 4th, 2012 10:08 PM
Author: Indecent painfully honest stage antidepressant drug

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: Cruel-hearted chapel becky

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: Geriatric center

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: Abusive tank

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: blue trust fund cruise ship

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: Abusive tank

tyty

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



Reply Favorite

Date: October 5th, 2012 2:17 PM
Author: Vivacious mildly autistic selfie principal's office

180

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



Reply Favorite

Date: August 22nd, 2013 11:20 PM
Author: wonderful jet generalized bond sweet tailpipe

180

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



Reply Favorite

Date: May 27th, 2017 2:49 PM
Author: histrionic house



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



Reply Favorite

Date: July 19th, 2017 2:11 PM
Author: dull galvanic abode skinny woman

Bigfinderskeeperslaw

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



Reply Favorite

Date: October 5th, 2012 7:07 AM
Author: Appetizing Library

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: Abusive tank



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



Reply Favorite

Date: November 28th, 2012 10:30 PM
Author: Abusive tank



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



Reply Favorite

Date: December 6th, 2013 9:34 AM
Author: Odious metal hominid



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



Reply Favorite

Date: December 6th, 2013 2:24 PM
Author: Ultramarine heady halford

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: Domesticated corner

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: splenetic indian lodge



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



Reply Favorite

Date: October 4th, 2012 10:09 PM
Author: sienna gaming laptop

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: Abusive tank

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: sienna gaming laptop

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: Abusive tank

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: dull galvanic abode skinny woman

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: Abusive tank

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: orchid confused garrison affirmative action

Flame.

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



Reply Favorite

Date: October 4th, 2012 11:43 PM
Author: Abusive tank

cr

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



Reply Favorite

Date: October 5th, 2012 9:18 AM
Author: lascivious orange goyim

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: ungodly vibrant queen of the night site

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: Abusive tank



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



Reply Favorite

Date: May 27th, 2017 2:59 PM
Author: vigorous trump supporter



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



Reply Favorite

Date: December 6th, 2013 9:29 AM
Author: wonderful jet generalized bond sweet tailpipe



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



Reply Favorite

Date: May 27th, 2017 2:50 PM
Author: Domesticated corner

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: Frum Beady-eyed Sneaky Criminal



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



Reply Favorite

Date: July 19th, 2017 2:33 PM
Author: Emerald Charismatic Candlestick Maker

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: supple pocket flask



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