Constant v. Abell
Supreme Court of Missouri
Error to Buchanan Court of Common Pleas. The plaintiff moved the court to give to the jury the following instructions, viz: 1. Plaintiff moves the court to instruct the jury, that if they believe from the evidence that the parties who occupied the property mentioned in plaintiff’s petition, before and after the 20th of August, 1862, were the tenants of defendant and paying him rent up to that time; and, further, that they continued to occupy said property after said 20th day…
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Error to Buchanan Court of Common Pleas. The plaintiff moved the court to give to the jury the following instructions, viz: 1. Plaintiff moves the court to instruct the jury, that if they believe from the evidence that the parties who occupied the property mentioned in plaintiff’s petition, before and after the 20th of August, 1862, were the tenants of defendant and paying him rent up to that time; and, further, that they continued to occupy said property after said 20th day of August, 1862, without any new contract with plaintiff, for two months, then they will find for the plaintiff, and…
1Opinion of the CourtHolmes, Judge
The plaintiff sued for a year’s rent of three hundred dollars upon an implied new leasing by the defendant for another year, as a tenant holding over after the expiration of his written lease, which expired on the 20th day of August, 1862. The answer denied any holding over or any new leasing for another year, and alleged for a further defence, that on the 14th day of January, 1862, the military authorities of the Government took possession and control of the leased premises, and held the same for the uses of a hospital until the 15th day of December, 1862, when the possession was turned over…
2Cases cited2 opinions
- Shepard v. MartinSupreme Court of Missouri · 1862
- Willi v. PetersSupreme Court of Missouri · 1848
3Cited by2 opinions
- Melick v. First National BankSupreme Court of Iowa · 1879
- Wilgus v. LewisMissouri Court of Appeals · 1880