Shea v. McCauliff
Massachusetts Supreme Judicial Court
Contract on a bond by which the defendant agreed to indemnify the plaintiff and save him harmless from any debts, obligations or other liabilities of the late firm of F. A. McCauliff and Company, of which the plaintiff had been a member, claiming $653.48 paic| by the plaintiff as rent reserved under a lease from Dorothy S. Bailey and others to F. A. McCauliff and Company from October 1, 1900, to January 1, 1902, with interest.
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Contract on a bond by which the defendant agreed to indemnify the plaintiff and save him harmless from any debts, obligations or other liabilities of the late firm of F. A. McCauliff and Company, of which the plaintiff had been a member, claiming $653.48 paic| by the plaintiff as rent reserved under a lease from Dorothy S. Bailey and others to F. A. McCauliff and Company from October 1, 1900, to January 1, 1902, with interest. Writ dated March 15, 1902. . In the Superior Court the case was tried before Fox, J., without a jury. He found the following facts: Before July 12, 1897, the plaintiff…
1Opinion of the CourtHammond, J.
The lease to the plaintiff recites that it is subject to the prior lease to McCauliff and Shea, and provides that “ all rents received on account of said lease are to be credited as part payment under the terms of this lease ” [the lease to the plaintiff]. It is plain that the word “received” means received by the lessors, and the language fairly implies that the rent to accrue under the prior lease was to remain payable to them notwithstanding the second lease. A lessor may assign the rent to become due upon a lease without granting the reversion, or he may grant the reversion and reserve…
2Cases cited2 opinions
- Leonard v. BurgessWisconsin Supreme Court · 1862
- Harmon v. FlanaganMassachusetts Supreme Judicial Court · 1877