Welcome v. Labontee
Supreme Court of New Hampshire
Assumpsit, for the use and occupation of a blacksmith shop, built by the plaintiff in 1874 upon land of the defendant’s wife, and with her assent. Plea, the general issue, with a brief statement of the statute of limitations, also of title to the shop in the defendant and in his wife. Writ dated February 21, 1883. Facts found by the court. The plaintiff occupied the shop until January, 1875, when he rented it to the defendant, who paid the rent for the first quarter.
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Assumpsit, for the use and occupation of a blacksmith shop, built by the plaintiff in 1874 upon land of the defendant’s wife, and with her assent. Plea, the general issue, with a brief statement of the statute of limitations, also of title to the shop in the defendant and in his wife. Writ dated February 21, 1883. Facts found by the court. The plaintiff occupied the shop until January, 1875, when he rented it to the defendant, who paid the rent for the first quarter. The plaintiff demanded the rent for the second quarter when it became due, but the defendant refused to pay it or to give up…
1Opinion of the CourtBlodgett, J.
Whether the circumstances attending the occupancy of the shop by the defendant from the fall of 1877 to the commencement of this proceeding were such as to warrant an inference that he was to pay the plaintiff for its use, is a question of fact (Bank v. Getchell, 59 N. H. 281, and Chamberlin v. Donahuer 44 Vt. 57) which we refuse to consider. Fuller v. Bailey, 58 N. H. 71; Lefavor v. Smith, 58 N. H. 125.
The shop was a personal chattel (Dame v. Dame, 38 N. H. 429) ; and we discover no ground for holding that it “ became the property of the defendant, or of his wife, by the plaintiff’s neglect…
2Cases cited1 opinion
- Chamberlin v. DonahueSupreme Court of Vermont · 1871
3Cited by1 opinion
- Manchester Housing Authority v. Hamilton Realty Corp.Supreme Court of New Hampshire · 1980