Legal Opinion

Nason v. Tobey

Massachusetts Supreme Judicial Court

Decided November 25, 1902PublishedCited by 2 opinions

Tort for the conversion of manure. Writ dated June 7,1901. ■ In the Superior Court Richardson, J. ordered a verdict for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtHolmes, C. J.

This is an action for the conversion of some manure, brought by an outgoing tenant against his landlord. On the plaintiff’s testimony he had piled up in the cellar of the barn and outside, when he left, thirty-five cords of manure, two cords of which he purchased, and the rest of which was made during his tenancy, more than half, it would seem, at the lowest estimate, from hay and grain bought by him. The plaintiff was engaged in the milk business and seems to have had more cattle on the farm than it could have supported. When he undertook to treat the manure as his own, the defendant claimed…

2Cases cited2 opinions

  1. Gallagher v. ShipleyCourt of Appeals of Maryland · 1866
  2. Fletcher v. HerringMassachusetts Supreme Judicial Court · 1873

3Cited by2 opinions

  1. Hampton v. LeeIdaho Supreme Court · 1930
  2. Whitesell v. CollisonNew Jersey Court of Chancery · 1922

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