Groustra v. Bourges
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that, on February 13, 1883, the plaintiff was in the lawful occupation of a store on Fleet Street, in Boston; that, while in such occupation, the defendant, intending to injure him bodily and ruin his business, unlawfully employed several persons to enter his store for the purpose of maltreating him and throwing him and the contents of his store into the street; that several persons so unlawfully employed entered the plaintiff’s store, and, in…
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Tort. The declaration alleged that, on February 13, 1883, the plaintiff was in the lawful occupation of a store on Fleet Street, in Boston; that, while in such occupation, the defendant, intending to injure him bodily and ruin his business, unlawfully employed several persons to enter his store for the purpose of maltreating him and throwing him and the contents of his store into the street; that several persons so unlawfully employed entered the plaintiff’s store, and, in obedience to the request of the defendant, ejected the plaintiff, and removed his goods into the street. The answer…
1Opinion of the CourtMorton, C. J.
The plaintiff occupied his store as the tenant at will of the defendant. The defendant had the legal right to terminate this tenancy by giving a lease to Hallett, and, after the lease was given, Hallett had the legal right, after due notice, to eject the plaintiff in a peaceable manner. It is immaterial what his motives were. An action cannot be maintained against him, or against any person acting with him, or advising and procuring him to act, unless either the act complained of, or the means by which it was accomplished, ■ are shown to be unlawful. O’Callaghan v. Cronan, 121 Mass. 114. The…
2Cases cited2 opinions
- O'Callaghan v. CronanMassachusetts Supreme Judicial Court · 1876
- Behan v. WilliamsMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
- Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
- DeWolfe v. RobertsMassachusetts Supreme Judicial Court · 1918
- International Trust Co. v. SchumannMassachusetts Supreme Judicial Court · 1893
- Mescall v. Somerset Savings BankMassachusetts Supreme Judicial Court · 1940
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