Allen v. Codman
Massachusetts Supreme Judicial Court
Tort, in two counts. The first count was for breaking and entering the plaintiff’s close in Boston. The second count alleged that the defendant forcibly entered the plaintiff’s close in Boston, the defendant being the lessor and the plaintiff the lessee named in a certain lease for a term of years which had not then expired, and maliciously and without probable cause pretended to forfeit the lease by such entry, and commenced an action in ejectment in the Municipal Court of…
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Tort, in two counts. The first count was for breaking and entering the plaintiff’s close in Boston. The second count alleged that the defendant forcibly entered the plaintiff’s close in Boston, the defendant being the lessor and the plaintiff the lessee named in a certain lease for a term of years which had not then expired, and maliciously and without probable cause pretended to forfeit the lease by such entry, and commenced an action in ejectment in the Municipal Court of the city of Boston, which action was tried, and judgment was entered therein for the then defendant, to the damage of…
1Opinion of the CourtHolmes, J.
The main question in this case is whether the court below was right in ruling that there was probable cause for the defendant’s suit in ejectment. It seems that the ground relied on at the trial of that suit was an alleged breach of condition in the lease to the present plaintiff (the defendant in that suit). The breach consisted in taking down a back wall, which act, it was alleged, affected, or was liable to endanger or affect, the insurance on the building.
At the trial of the present cause, evidence of experts was put in, without objection, on both sides of the question whether the risk…
2Cases cited2 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Vanderbilt v. MathisThe Superior Court of New York City · 1856
3Cited by15 opinions
- Fleming v. DaneMassachusetts Supreme Judicial Court · 1939
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Hubbard v. Beatty & Hyde, Inc.Massachusetts Supreme Judicial Court · 1961
- Antcliff v. JuneMichigan Supreme Court · 1890
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
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