Moose v. Holland
Supreme Judicial Court of Maine
Ok EXCEPTIONS from Nisi Prius, Shepley, C. J., presid- . Ill mg. TRESPASS, for a quantity of manure. The writ contained two counts, one for breaking and entering the plaintiff’s close, the other for carrying away his property. It appeared that the plaintiff was the owner of a house and lot of land, which was occupied in 1844 and ’45 by one Anderson, as his tenant. In the fall of 1844, Anderson agreed with the defendant for a mow of hay, to be paid in manure.
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Ok EXCEPTIONS from Nisi Prius, Shepley, C. J., presid- . Ill mg. TRESPASS, for a quantity of manure. The writ contained two counts, one for breaking and entering the plaintiff’s close, the other for carrying away his property. It appeared that the plaintiff was the owner of a house and lot of land, which was occupied in 1844 and ’45 by one Anderson, as his tenant. In the fall of 1844, Anderson agreed with the defendant for a mow of hay, to be paid in manure. The hay was to be defendant’s until the manure was made from the hay; he was to have-the manure for the hay. The hay was called six…
1Opinion of the CourtRice, J.
— This is trespass for a quantity of manure taken and carried away by the defendant, and claimed by the plaintiff, by virtue of a bill of sale, and alleged delivery to him from one Anderson, who had occupied the premises, from which the manure was taken by the defendant, as tenant of the plaintiff. The defendant claimed title to the manure by virtue of a contract with Anderson, by which he supplied the hay from which the manure was made, under a stipulation-that said hay was to remain his until it was used, and the manure made therefrom was to be his, as it was made. *309This contract, which was…
2Cases cited2 opinions
- Smith v. ClarkNew York Supreme Court · 1839
- Buffum v. MerryU.S. Circuit Court for the District of Rhode Island · 1824
3Cited by2 opinions
- Dumas v. HamptonSupreme Court of New Hampshire · 1877
- Young v. WoodwardSupreme Court of New Hampshire · 1860