Legal Opinion

Finch v. Moore

Supreme Court of Minnesota

Decided June 1, 1892PublishedCited by 10 opinions

Appeal by defendant, Thomas Moore, from an order of the Municipal Court of the City of Minneapolis, Elliott, J., made May 27, 1891, denying his motion for a new trial. On August 27, 1889, defendant rented of plaintiff, Eliza G. Finch, a dwelling house and premises in Minneapolis from month to month, agreeing with her to pay forty dollars a month rent in advance on the twenty-seventh day of each month.

Read the full summary

Appeal by defendant, Thomas Moore, from an order of the Municipal Court of the City of Minneapolis, Elliott, J., made May 27, 1891, denying his motion for a new trial. On August 27, 1889, defendant rented of plaintiff, Eliza G. Finch, a dwelling house and premises in Minneapolis from month to month, agreeing with her to pay forty dollars a month rent in advance on the twenty-seventh day of each month. He occupied the premises until December 9, 1890, and paid the rent to the twenty-seventh day of that month. On December 10, 1890, he sent the keys of the house to the plaintiff, but she refused…

1Opinion of the CourtCollins, J.

As the holding of plaintiff’s .premises by defendant was from month to month, without any limitation as to the time when the estate was to be determined, either party was entitled to notification, as provided in 1878 G. S. ch. 75, § 40, of the determination of the estate by the other. Sanford v. Johnson, 24 Minn. 172. See, also, Petsch v. Biggs, 31 Minn. 392, (18 N. W. Rep. 101;) Hunter v. Frost, 47 Minn. 1, (49 N. W. Rep. 327;) Brownell v. Welch, 91 Ill. 523; Hollis v. Burns, 100 Pa. St. 206; Hilsendegen v. Scheich, 55 Mich. 468, (21 N. W. Rep. 894.) The trial court found that such notice…

2Cases cited6 opinions

  1. Hunter v. FrostSupreme Court of Minnesota · 1891
  2. Petsch v. BiggsSupreme Court of Minnesota · 1884
  3. Brownell v. WelchIllinois Supreme Court · 1878
  4. Sanford v. JohnsonSupreme Court of Minnesota · 1877
  5. Hilsendegen v. ScheichMichigan Supreme Court · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Thompson v. BaxterSupreme Court of Minnesota · 1909
  2. Spinney v. HillSupreme Court of Minnesota · 1900
  3. Oxborough v. St. MartinSupreme Court of Minnesota · 1926
  4. Johnson v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1942
  5. Van Brunt v. WallaceSupreme Court of Minnesota · 1902

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API