Clark v. Keliher
Massachusetts Supreme Judicial Court
Tobt, brought originally before a justice of the peace, who gave judgment for the plaintiff. The defendant appealed to the superior court, where the facts were agreed as follows : “ The defendant, by an oral lease, rented a tenement house and small lot of land on Devens Street in Greenfield to the plaintiff, at the rate of seven dollars per month. The plaintiff began to occupy under his lease May 7, 1870. On the 7th (f June the rent was paid.
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Tobt, brought originally before a justice of the peace, who gave judgment for the plaintiff. The defendant appealed to the superior court, where the facts were agreed as follows : “ The defendant, by an oral lease, rented a tenement house and small lot of land on Devens Street in Greenfield to the plaintiff, at the rate of seven dollars per month. The plaintiff began to occupy under his lease May 7, 1870. On the 7th (f June the rent was paid. The defendant left the following notice, signed by him, at the house of the plaintiff, with his wife, on the 7th of June, the plaintiff being out of…
1Opinion of the CourtAmes, J.
1. The notice to quit was sufficient and lawful, both in substance and in the mode of service. There was no uncertainty as to the party from whom it emanated or the tenement to which it applied, and there could have been no doubt that it was meant for the family occupying that tenement. The mistake in the Christian name of the tenant was therefore of no importance ; and as on account of his absence the notification could not' be delivered to him personally, it was properly served by leaving it at his dwelling-house, in the hands of his wife. Doe v. Spiller, 6 Esp. 70. Jones v. Marsh, 4 T. R.…
2Cases cited3 opinions
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
- Johnson v. PattersonSupreme Court of Connecticut · 1840
- Walker v. SharpeMassachusetts Supreme Judicial Court · 1869
3Cited by21 opinions
- State v. . NealSupreme Court of North Carolina · 1897
- Earnshaw v. United StatesSupreme Court of the United States · 1892
- Cambridge Street Realty, LLC v. StewartMassachusetts Supreme Judicial Court · 2018
- Maddran v. MullendoreCourt of Appeals of Maryland · 1968
- Benton v. StokesCourt of Appeals of Maryland · 1908
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