Fletcher v. Herring
Massachusetts Supreme Judicial Court
Tort for the conversion of two cords of manure. At the trial in the Superior Court, before Wilkinson, J., it op« peared that the plaintiff had occupied a dwelling-house, a bam and a garden of something over a quarter of an acre, as a tenant at will of one Koontz; that he voluntarily terminated his tenancy February 28, 1872, before the expiration of a year from April 1, 1871, the period contemplated by the original letting; that when he came into possession of the premises,…
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Tort for the conversion of two cords of manure. At the trial in the Superior Court, before Wilkinson, J., it op« peared that the plaintiff had occupied a dwelling-house, a bam and a garden of something over a quarter of an acre, as a tenant at will of one Koontz; that he voluntarily terminated his tenancy February 28, 1872, before the expiration of a year from April 1, 1871, the period contemplated by the original letting; that when he came into possession of the premises, he found there a small quantity of manure left by an outgoing tenant, which, with the knowledge and consent of Koontz, he…
1Opinion of the Court
Gray, 0. J.
The only exception before us is to the refusal to give the instruction requested. But that instruction may well have been refused by the presiding judge as tending to confuse and mislead the jury by giving them to understand that manure, which by force of an agreement of the parties interested, or because it was not made in the usual course of husbandry, was personal property, would necessarily become real estate at the. termination of the plaintiff’s tenancy. Daniels v. Pond, 21 Pick. 367. Fay v. Muzzey, 13 Gray, 53. Strong v. Doyle, 110 Mass. 92. The instructions given are not…
2Cases cited1 opinion
- Strong v. DoyleMassachusetts Supreme Judicial Court · 1872
3Cited by2 opinions
- Nason v. TobeyMassachusetts Supreme Judicial Court · 1902
- Taylor v. NewcombMichigan Supreme Court · 1900