Eckman v. Beihl

The opinion of the court was delivered by

Perskie, J.

The gravamen of plaintiffs suit, although styled in contract, to recover damages, is that defendants did, on April 25th, 1935, “willfully and maliciously” destroy his growing crop of rye, by ploughing it under, “m defiance of his right thereto.”

It appears that Elmer Smires and his wife, were tenants by the entireties of a farm near Browns Mills, Burlington county, New Jersey. They had executed a note, secured by a mortgage on the farm, to the Safeguard Finance Company. Subsequent to the execution and delivery of the note and mortgage, on…