M. Wilbur Dyer Company v. Milberg

1 Citing case

  1. Brooks v. Howison

    63 N.H. 382 (N.H. 1885)   Cited 19 times
    In Brooks v. Howison, 63 N.H. 382, where carpets were used by one of the owners a year and a half in his hotel, the fact that his co-tenants were not his co-partners in the hotel business did not make it unjust that he should pay for his consuming use of their goods.

    The decisions in Maine are in harmony with this view, and the wording of the Maine statute of 1848 (Rev. Sts., c. 61, s. 1), "without the consent of his co-tenant," is a recognition of the controlling principle that sole use and occupation, without ouster, is not a wrong to be redressed in any form. Cutler v. Currier, 54 Me. 81; Dyer v. Wilbur, 48 Me. 287, 290; Moses v. Ross, 41 Me. 360; Gowen v. Shaw, 40 Me. 56, 58; Duncan v. Sylvester, 24 Me. 482; Buck v. Spofford, 31 Me. 34; Richardson v. Richardson, 72 Me. 403. In Connecticut there are no cases in point, because the statute of that state covers use and occupation as well as rent.