Brewer v. Knapp
Massachusetts Supreme Judicial Court
This was an action of debt for rent. The plaintiff declared on an indenture, by which he leased to S. L. Knapp, A. Davis and J. N. Knapp, the defendants, jointly and severally, the first as principal, and the others» as sureties, a house in Boston, for the term of one year from the 30lh of September, 1818, for the rent of 400 dollars; and “ the said lessee” promised to pay the rent in quarter-yearly payments, and to quit and deliver up the premises at the end of the term,…
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This was an action of debt for rent. The plaintiff declared on an indenture, by which he leased to S. L. Knapp, A. Davis and J. N. Knapp, the defendants, jointly and severally, the first as principal, and the others» as sureties, a house in Boston, for the term of one year from the 30lh of September, 1818, for the rent of 400 dollars; and “ the said lessee” promised to pay the rent in quarter-yearly payments, and to quit and deliver up the premises at the end of the term, and to pay all “ taxes and duties levied or to be levied during the time, and for such further time as the lessee might…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The defendants acknowledge that they were bound upon the lease for one year, but insist that the rent for that year has been paid, so that nothing can be recovered of them in the present *342suit. For all the rent beyond a year the plaintiff expects tc recover on his counts for use and occupation, and contends that the three defendants were joint lessees, were all to be considered in law as in possession under the lease, or, if not so, that the occupation by one, with the permission of the others, makes them liable to the same implied contract for…
2Cases cited5 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- U. States v. January & PattersonSupreme Court of the United States · 1813
- United States v. WardwellU.S. Circuit Court for the District of Rhode Island · 1828
3Cited by2 opinions
- Cain v. VogtSupreme Court of Iowa · 1908
- Phenix v. HallcockAppellate Court of Illinois · 1912