Newman v. Sussman
Massachusetts Supreme Judicial Court
Summary process to recover possession of a suite of rooms in a building in that part of Boston called Roxbury. Writ in the Municipal Court of the Roxbury District of the City of Boston dated December 4, 1919. On appeal to the Superior Court, the action was tried before Sanderson, J. The material facts and instructions given by the judge to the jury are described in the opinion. At the close of the evidence the plaintiff moved that a verdict be ordered in her favor.
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Summary process to recover possession of a suite of rooms in a building in that part of Boston called Roxbury. Writ in the Municipal Court of the Roxbury District of the City of Boston dated December 4, 1919. On appeal to the Superior Court, the action was tried before Sanderson, J. The material facts and instructions given by the judge to the jury are described in the opinion. At the close of the evidence the plaintiff moved that a verdict be ordered in her favor. The motion was denied and the jury returned a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtJenney, J.
The defendant had been a tenant at will of a suite of rooms in a building in the Roxbury district of Boston. On October 31,1919, his tenancy was terminated without his fault by the conveyance of the property to the plaintiff, who on that day gave to the defendant written notice of the termination. Lash v. Ames, 171 Mass. 487. Gavin v. Durden Coleman Lumber Co. 229 Mass. 576. According to the terms of St. 1919, c. 257, no action to recover possession of premises could properly be brought, nor could the defendant be dispossessed until after the expiration of thirty days from the time when he…
2Cases cited8 opinions
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Gavin v. Durden Coleman Lumber Co.Massachusetts Supreme Judicial Court · 1918
- Lash v. AmesMassachusetts Supreme Judicial Court · 1898
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3Cited by15 opinions
- Staples v. CollinsMassachusetts Supreme Judicial Court · 1947
- Goldsmith v. RiclesMassachusetts Supreme Judicial Court · 1930
- Mastrullo v. RyanMassachusetts Supreme Judicial Court · 1952
- Clark v. General Cleaning Co. Inc.Massachusetts Supreme Judicial Court · 1962
- Gordon v. SalesMassachusetts Supreme Judicial Court · 1958
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