Howe v. Carpenter

By the Court, Parker, J,

This action was brought in a justices’ court, where the plaintiff was nonsuited. He appealed to the county court, in which the judgment of the justice was reversed, and the defendant now appeals to this court.

*383The plaintiff’s claim is for damages, which he has sustained, by reason of the taking from his possession, by the defendant, of the property, or a portion of it, which he held under a written agreement with the defendant, and also of some other property. The part of the agreement material to the questions in the case, is as follows: “ Cortland, March 14, 1865. I,…