Commonwealth v. Wentworth
Massachusetts Supreme Judicial Court
Indictment under the Pub. Sts. e. 101, § 9, alleging that the defendant, from June 1, 1886, to February 4, 1887, “ had- under his control a certain building, .... and did then and there, while said build-ing was so under his control, unlawfully and knowingly permit a certain tenement in said building to be used by one Edward H. Galligan of said Canton for the illegal sale and illegal keeping for sale of intoxicating liquors,” and that said Galligan kept and maintained a…
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Indictment under the Pub. Sts. e. 101, § 9, alleging that the defendant, from June 1, 1886, to February 4, 1887, “ had- under his control a certain building, .... and did then and there, while said build-ing was so under his control, unlawfully and knowingly permit a certain tenement in said building to be used by one Edward H. Galligan of said Canton for the illegal sale and illegal keeping for sale of intoxicating liquors,” and that said Galligan kept and maintained a nuisance “ with the knowledge and permission of the said Edwin Wentworth, then and there having control of said building as…
1Opinion of the CourtField, J.
If a building is let to a tenant who enters into possession under a lease, the building is not under the control of the landlord, but is under the control of the tenant while he continues in possession under the lease, unless there are special provisions in the lease which give the control to the landlord. By the Pub. Sts. c. 101, § 8, the landlord can recover possession by entry or by action if the tenant uses the building for the illegal purposes described in the Pub. Sts. e. 101, § 6; but unless there are special provisions in the lease, the landlord cannot in any other manner prevent the…
2Cited by15 opinions
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. AlbertMassachusetts Supreme Judicial Court · 1940
- Commonwealth v. AncilloMassachusetts Supreme Judicial Court · 1966
- Roseman v. DayMassachusetts Supreme Judicial Court · 1962
- Commonwealth v. LaPointeMassachusetts Supreme Judicial Court · 1917
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