Legal Opinion

Woodcock v. Roberts

New York Supreme Court

Decided January 7, 1873PublishedCited by 2 opinions

APPEAL from a judgment entered on a verdict in favor of the plaintiff, subject to the opinion of the court at General Term.

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APPEAL from a judgment entered on a verdict in favor of the plaintiff, subject to the opinion of the court at General Term. The plaintiff on the 31st- oí March, 1868, by lease signed by him and the defendant, and sealed with their respective seals, leased to the defendant the farm of the plaintiff, lying in West Turin in the county of Lewis, together with sundry articles of personal property, for the term of one year from the date of said lease, with the privilege of two years more at the same rate if they agreed; the rent to be one half the products of said farm. The defendant went into…

1Opinion of the Court

By the Court,

Mullin, P. J.

The second year under the lease expired on the 31st of March, 1870, and the plaintiff was entitled to the possession of his property. But the defendant was not a wrongdoer in keeping possession of it after that day, unless it was demanded by the plaintiff. There were horses and cattle to be fed, the other property to be cared for and protected, and it was lawful for' the defendant to feed the cattle and take care of the whole property, until it was called for; unless he had given notice to the plaintiff that he must resume possession immediately on the termination of…

2Cases cited1 opinion

  1. Kerr v. . MountNew York Court of Appeals · 1863

3Cited by2 opinions

  1. Insurance & Law Building Co. v. National BankMissouri Court of Appeals · 1878
  2. Stout v. NorthMissouri Court of Appeals · 1922

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