Pickering v. Moore
Supreme Court of New Hampshire
Trover, for manure. Facts found by the court. March 31, 1883, the defendant leased his farm for the term of three years to the plaintiff, who covenanted to carry on the place in a “husband-like manner,” and to consume and convert into manure, to be used or left upon tlie premises, all liay and fodder raised thereon.
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Trover, for manure. Facts found by the court. March 31, 1883, the defendant leased his farm for the term of three years to the plaintiff, who covenanted to carry on the place in a “husband-like manner,” and to consume and convert into manure, to be used or left upon tlie premises, all liay and fodder raised thereon. The plaintiff occupied tlie farm and performed ail liis covenants contained in the lease, without any new or further contract, until May 30, 1892. During the last year of his occupancy he fed out upon the farm a large quantity of fodder not produced on the place. He put…
1Opinion of the Court
Carpenter; J.
The plaintiff held tlie farm after the expiration of three years, as tenant from year to year, upon tlie terms expressed in the lease. Russell v. Fabyan, 34 N. H. 218, 223: Conway v. Starkweather, 1 Denio 113. Manure made upon a farm by the consumption of its products in the ordinary course of husbandry is a part of the realty. It cannot be sold or carried away by a tenant without the landlord’s consent. Sawyer v. Twiss, 26 N. H. 345, 349; Perry v. Carr, 44 N. H. 118, 120; Hill v. De Rochemont, 48 N. H. 87, 88. The doctrine “ was established for the benefit of agriculture. It…
2Cases cited11 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stall v. . WilburNew York Court of Appeals · 1879
- Chapman v. ShepardSupreme Court of Connecticut · 1872
- Middlebrook v. CorwinNew York Supreme Court · 1836
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