Burr
Societa Italiana Di Mutua Beneficenza v. Burr
Opinion
Lead Opinion
Wilbur, J.
The bankrupt, G. B. Nave, was a tenant of certain lands used for agricultural purposes under a five-year lease from April 2, 1925, to April 2, 1930. Thereafter he held over on a month to month tenancy as provided by the lease at a monthly rental of $95 per month. A crop of vegetables was growing on the land which it is stipulated was of the value of $400. The tenant had installed a 10 H. P. motor and pump. The trustee in bankruptcy petitioned the court to require the landlord, the appellant, to turn over the proceeds of the crop and the motor and pump, alleging the latter ,tq be worth $750. The ap *497 pellant alleged the latter te be worth only $25. The trustee’s petition was granted by the referee in bankruptcy, aud Ms order was affirmed upon a petition to review. The landlord appeals from that order. The tenant had defaulted in the payment of five months! rent ($475), which amount was due on October 1, 1930. A three-day notice to quit or pay rent was served by the landlord on October 13, 1930. On November 21, 1930, an action for unlaw'fulcletainer was filed, and on December 4, 1930, a judgment was recovered wherein it was adjndged the landlord was entitled to possession of the…