Middlebrook v. Corwin
New York Supreme Court
Error from the Orange common pleas. Middlebrook sued Corwin in a justice’s court, for several loads of manure carried away from a farm occupied by one Van Cleft as tenant to Middlebrook for a year. The farm was stocked by Middle-brook with twenty milch cows, a pair of working cattle, and other cattle. The manure was sold by the tenant to the defendant, and taken from the barn-yard of the farm shortly before the expiration of the tenant’s term.
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Error from the Orange common pleas. Middlebrook sued Corwin in a justice’s court, for several loads of manure carried away from a farm occupied by one Van Cleft as tenant to Middlebrook for a year. The farm was stocked by Middle-brook with twenty milch cows, a pair of working cattle, and other cattle. The manure was sold by the tenant to the defendant, and taken from the barn-yard of the farm shortly before the expiration of the tenant’s term. The justice rendered judgment in favor of the plaintiff, which was reversed by Qrange common pleas, on certiorari. The plaintiff be-l°w sued out a writ…
1Opinion of the Court
By the Court,
Nelson, J.
It is laid down in several books, that manure in heaps, before it is spread upon the land, is a personal chattel. 11 Viner, 175,tit. Executors. Toller’s Law of Executors, 150. Matthew’s Executor,27. It further appears that it is common to insert a covenant in the lease of a farm, to leave the manure of the last year upon it. All this would seem to imply that the article belongs to the tenant, and that without a covenant he might remove it. If a farm is leased for agricultural purposes, good husbandry, which without any stipulation therefor is implied by law, would…
2Cited by18 opinions
- Brigham v. OverstreetSupreme Court of Georgia · 1907
- Pickering v. MooreSupreme Court of New Hampshire · 1893
- Bonnell v. AllenIndiana Supreme Court · 1876
- Fobes v. ShattuckNew York Supreme Court · 1854
- Gallagher v. ShipleyCourt of Appeals of Maryland · 1866
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