Quinette v. Carpenter

CourtUnited States State Supreme Court of Missouri
Writing for the CourtDRYDEN
Citation35 Mo. 502
PartiesOLIVER QUINETTE, Respondent, v. CHARLES J. CARPENTER, Appellant.
Decision Date31 March 1865

35 Mo. 502

OLIVER QUINETTE, Respondent,
v.
CHARLES J. CARPENTER, Appellant.

Supreme Court of Missouri.

March Term, 1865.


M. L. Gray, for respondent.

I. That the tenant is presumed in holding over to hold according to terms of preceding lease, is evident. (Opinion of Lord Ellenborough in Boraston v. Green, 16 East. 71; Doe on dem. Riggs v. Bell, 5 T. R. 471.)

II. That tenant was liable to the end of month in which he quit. (10 Mo. 601; 19 Mo. 132.) In fact both of the above principles are too plain to need authorities; they will be found in all the elementary works.

The second instruction needs no argument or authority to support it. The third instruction of plaintiff was right. (Tay. Land. & Ten. 84, ed. 1844.)

Geo. Marshall, for appellant.


DRYDEN, Judge, delivered the opinion of the court.

This was a suit for three months' rent ending the 22d of March, 1861, of a farm alleged to have been leased by the plaintiff to the defendant for a term of years at a fixed money rent, payable monthly, and held over by the lessee after the expiration of his term; and for damages for breach of a covenant contained in the same lease by which the lessee engaged to take care of and preserve from waste the fruit trees and shrubbery growing on the premises, and also for damages for removing certain manure and compost from said farm, made thereon during the last year of the defendant's tenancy. The answer admitted the lease and that the defendant entered and held under it as charged in the petition, but denied that the defendant held over on the terms of the lease as charged.

[35 Mo. 503]

It averred payment of all rent reserved, and the performance of all the covenants and agreements in said lease to be performed by the defendant, and denied the alleged waste and injury of the fruit trees and shrubbery. It also admitted the removal of the manure, but denied the plaintiff's property therein, averring that the same was the product of the defendant's cattle, and belonged wholly to the defendant.

The case was tried by the court without a jury, and a verdict and judgment were rendered for the plaintiff, from which the defendant has appealed to this court.

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18 practice notes
  • Bussen v. Del Commune, No. 27165.
    • United States
    • Court of Appeal of Missouri (US)
    • January 21, 1947
    ...will be presumed to hold over subject to the terms of the original lease. Finney v. City of St. Louis, 39 Mo. 177; Quinette v. Carpenter, 35 Mo. 502; Peoples Bank v. Bennet, 159 Mo. 1. (4) Assuming that Mrs. Burgert's testimony that Mr. Del Commune agreed to stay on as a month to month tena......
  • Commercial Bldg. Co. v. Lehman, No. 20215.
    • United States
    • Missouri Court of Appeals
    • June 5, 1928
    ...same terms, conditions, and covenants. Insurance & Law Bldg. Co. v. Bank, 71 Mo. 58; Fine v. St. Louis, 30 Mo. 177; Quinette v. Carpenter, 35 Mo. 502; Leggett v. Exposition Co., 157 Mo. App. 108, 137 S. W. 893; Amer. Press v. City of St. Louis, 314 Mo. 288, 284 S. W. 482; Blanchon and Barth......
  • Neiswanger v. Squier
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1880
    ...after the expiration of his lease will be presumed to hold under and subject to the terms of the previous lease. Quinette v. Carpenter, 35 Mo. 502; Doe v. Bell, 5 T. R. 471; 2 Smith's Lead. Cas., 186. [73 Mo. 198]I. SHERWOOD, C. J. By the terms of the lease the right of plaintiffs to remove......
  • Searle v. Roman Catholic Bishop
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 11, 1909
    ...Dimock v. Van Bergen, 12 Allen, 551; Weston v. Weston, 102 Mass. 514-518; Finney v. St. Louis, 39 Mo. 177-181; Quinette v. Carpenter, 35 Mo. 502. The difference in testimony between these owners and the plaintiff at the trial was not as to whether they undertook to terminate any rights whic......
  • Request a trial to view additional results
18 cases
  • Bussen v. Del Commune, No. 27165.
    • United States
    • Court of Appeal of Missouri (US)
    • January 21, 1947
    ...will be presumed to hold over subject to the terms of the original lease. Finney v. City of St. Louis, 39 Mo. 177; Quinette v. Carpenter, 35 Mo. 502; Peoples Bank v. Bennet, 159 Mo. 1. (4) Assuming that Mrs. Burgert's testimony that Mr. Del Commune agreed to stay on as a month to month tena......
  • Commercial Bldg. Co. v. Lehman, No. 20215.
    • United States
    • Missouri Court of Appeals
    • June 5, 1928
    ...same terms, conditions, and covenants. Insurance & Law Bldg. Co. v. Bank, 71 Mo. 58; Fine v. St. Louis, 30 Mo. 177; Quinette v. Carpenter, 35 Mo. 502; Leggett v. Exposition Co., 157 Mo. App. 108, 137 S. W. 893; Amer. Press v. City of St. Louis, 314 Mo. 288, 284 S. W. 482; Blanchon and Barth......
  • Neiswanger v. Squier
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1880
    ...after the expiration of his lease will be presumed to hold under and subject to the terms of the previous lease. Quinette v. Carpenter, 35 Mo. 502; Doe v. Bell, 5 T. R. 471; 2 Smith's Lead. Cas., 186. [73 Mo. 198]I. SHERWOOD, C. J. By the terms of the lease the right of plaintiffs to remove......
  • Searle v. Roman Catholic Bishop
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 11, 1909
    ...Dimock v. Van Bergen, 12 Allen, 551; Weston v. Weston, 102 Mass. 514-518; Finney v. St. Louis, 39 Mo. 177-181; Quinette v. Carpenter, 35 Mo. 502. The difference in testimony between these owners and the plaintiff at the trial was not as to whether they undertook to terminate any rights whic......
  • Request a trial to view additional results

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