McKay & Blakeslee v. Mumford
New York Supreme Court
This was an action of assumpsit, tried at the Livingston circuit in February, 1831, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs and E. Mumford, one of the defendants, were tenants in common of a grist-mill, the plaintiffs owning one moiety and E. Mumford the other moiety.
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This was an action of assumpsit, tried at the Livingston circuit in February, 1831, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs and E. Mumford, one of the defendants, were tenants in common of a grist-mill, the plaintiffs owning one moiety and E. Mumford the other moiety. On the 25th November, 1824, the plaintiffs executed to E. & W. Mumford a lease of the moiety of the mill owned by the plaintiffs, for the term of nine months, at. a rent of $375. The defendants continued in possession of the whole mill until the 16th September, 1826. The plaintiffs then…
1Opinion of the Court
By the Court,
Nelson J.
The judge erred in his charge to the jury, from a misapprehension of the opinion pronounced by this court on the granting of a new trial in this case. It was supposed that opinion contained the doctrine that, to sustain the action for use-and occupation as between these parties, there must be evidence of a refusal by the defendants to yield possession to the plaintiffs of their moiety, or of an intention on their part to hold exclusive possession. No such principle was intended to be advanced. The case of Mumford v. Brown, 1 Wendell, 52, was cited to illustrate the…
2Cases cited1 opinion
- Mumford v. BrownNew York Supreme Court · 1828
3Cited by9 opinions
- Valentine v. . HealeyNew York Court of Appeals · 1899
- Kites v. ChurchMassachusetts Supreme Judicial Court · 1886
- Kristel v. SteinbergCity of New York Municipal Court · 1947
- Valentine v. . HealeyNew York Court of Appeals · 1904
- Dresser v. DresserNew York Supreme Court · 1863
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