Meredith Mechanic Ass'n v. American Twist Drill Co.
Supreme Court of New Hampshire
Assumpsit, for the use and occupation of a mill from July 1, '1887, to July 1, 1888, and from July 1, 1889, to July 1, 1890. Writ dated September 2, 1891. Plea, the general issue, with a brief statement of defence, in substance as follows : 1. The use and occupation for which the plaintiffs seek to recover were under a written and sealed lease, and an action of assumpsit cannot be maintained therefor. 2. The plaintiffs heretofore brought an action of debt-against the…
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Assumpsit, for the use and occupation of a mill from July 1, '1887, to July 1, 1888, and from July 1, 1889, to July 1, 1890. Writ dated September 2, 1891. Plea, the general issue, with a brief statement of defence, in substance as follows : 1. The use and occupation for which the plaintiffs seek to recover were under a written and sealed lease, and an action of assumpsit cannot be maintained therefor. 2. The plaintiffs heretofore brought an action of debt-against the defendants to recover the rent for the first year mentioned in the plaintiffs’ present declaration, due by the terms of a lease…
1Opinion of the CourtWallace, J.
It was settled by a former decision in a case between these parties, that the plaintiffs can, under the quantum meru.il counts in assumpsit, recover for any beneficial use the defendants had of the premises in question, on the principle laid down in Britton v. Turner, 6 N. H. 481, notwithstanding the defendants were holding under a written lease under seal. Meredith Mechanic Association v. Drill Company, 66 N. H. 539. The plaintiffs can recover under the quantum meruit counts in assumpsit for the use and occupation of the premises from July 1, 1887, to July 1, 1888, notwithstanding they have…
2Cited by6 opinions
- Kline v. BurnsSupreme Court of New Hampshire · 1971
- State v. CorronSupreme Court of New Hampshire · 1905
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Richard Paul, Inc. v. Union Improvement Co.District Court, D. Delaware · 1945
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