Weeks v. Sly
Supreme Court of New Hampshire
Trespass qu. cl. et de bonis asportatis. Plea, the general issue, with a brief statement that the goods mentioned were unlawfully incumbering the defendant’s premises, wherefore he removed them, doing no unnecessary damage. Facts found by a referee.
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Trespass qu. cl. et de bonis asportatis. Plea, the general issue, with a brief statement that the goods mentioned were unlawfully incumbering the defendant’s premises, wherefore he removed them, doing no unnecessary damage. Facts found by a referee. The plaintiff entered into the occupation of a part of a house belonging to the defendant, September 16, 1878, and remained in its occupation till October 11, 1879, when, the rent being due and in arrear, the defendant served upon him notice to quit the premises on the 21st day of October, Í879. The plaintiff did not quit, but remained in…
1Opinion of the CourtSmith, J.
The plaintiff’s occupancy was a tenancy at will, no different contract being shown. G. L., a. 250, s. 5. The rent was due and in arrear October 11, 1879, andino point is made that it was not demandedibefore service of the notice. Seven days’ notice was therefore sufficient to terminate the tenancy, and after the time fixed in the notice the plaintiff was a trespasser. His goods were damage feasant, and the defendant had a right to enter and remove them to a convenient distance, without breach of the peace, doing them no unnecessary damage. Whitney v. Swett, 22 N. H. 10, 13. A tenant who holds…
2Cases cited2 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- M'Dougall v. SitcherNew York Supreme Court · 1806
3Cited by6 opinions
- Hill v. DobrowolskiSupreme Court of New Hampshire · 1984
- Greelish v. WoodSupreme Court of New Hampshire · 2006
- Plaistow Bank & Trust Co. v. WebsterSupreme Court of New Hampshire · 1981
- Deasy v. Dernham Co. (In Re Blondheim Modular Manufacturing, Inc.)United States Bankruptcy Court, D. New Hampshire · 1986
- City of Dover v. B C P RealtySupreme Court of New Hampshire · 1972
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