Wales v. Chase
Massachusetts Supreme Judicial Court
Contract for use and occupation of certain premises in Boston, from February 16 to April 17, 1883. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows : It appeared that the Ashcroft and Barker Manufacturing Company went into insolvency on February 16, 1883; that the defendants were duly appointed assignees of the estate of said company on March 16, 1883; that the assets were $6367.07; that, under an…
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Contract for use and occupation of certain premises in Boston, from February 16 to April 17, 1883. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows : It appeared that the Ashcroft and Barker Manufacturing Company went into insolvency on February 16, 1883; that the defendants were duly appointed assignees of the estate of said company on March 16, 1883; that the assets were $6367.07; that, under an order of distribution, on September 21, 1883, a dividend of twenty-two per cent was paid out to creditors, and a balance of…
1Opinion of the CourtW. Allen, J.
Whether the plaintiff was entitled to recover depended upon what of the testimony was found to be true. If the judge who tried the case believed the testimony of the witness Tyng, not only did he properly refuse to rule, as requested, that, upon all the evidence in the case, the plaintiff was entitled to recover, but he could not have found that the relation of landlord and tenant, or any contract between the parties, was proved so as to give the plaintiff a right of action. Whatever inference *542might have been drawn from the undisputed fact that goods of the insolvent, which passed to the…
2Cases cited1 opinion
- Leonard v. KingmanMassachusetts Supreme Judicial Court · 1883