Amsden v. Atwood
Supreme Court of Vermont
General assumpsit, with a count for use and occupation. Pleas, the general issue, with two special pleas in setoff. Trial by jury at the May term, 1895, Windsor county, Taft, J., presiding. Verdict and judgment for the plaintiff. Both parties except. The plaintiff sought to recover for eighty-nine items but no question was made in reference to any of them except those for rent and power under the lease hereinafter mentioned.
Read the full summary
General assumpsit, with a count for use and occupation. Pleas, the general issue, with two special pleas in setoff. Trial by jury at the May term, 1895, Windsor county, Taft, J., presiding. Verdict and judgment for the plaintiff. Both parties except. The plaintiff sought to recover for eighty-nine items but no question was made in reference to any of them except those for rent and power under the lease hereinafter mentioned. It appeared that August 19, 1885, the plaintiff and one Loren Atwood entered into a written lease for the use of the premises in question. A copy of this lease appears in…
1Opinion of the CourtRowell, J.
As the facts now appear, the tenancy in question does not differ in legal quality from what it was as the facts appeared when the case was here before; 67 Vt. 239. It then appeared that the defendant held over by constructive consent after the expiration of his lease for years, which holding was held to be a tenancy at will in its inception, but to have ripened into a tenancy from year to year, for that the plaintiff elected by taking rent to recognize the defendant as his tenant for a full year, and allowed him without objection to enter upon a second year. Now it appears that the defendant…
2Cases cited6 opinions
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Dugan v. AndersonCourt of Appeals of Maryland · 1872
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
- Smith v. LewisSupreme Court of Connecticut · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Ellis's Admr. v. DurkeeSupreme Court of Vermont · 1906
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Peist v. RichmondSupreme Court of Vermont · 1923
8 more not listed; retrieve them via the Exa API.