Adams v. Bigelow
Massachusetts Supreme Judicial Court
Contract for the rent of a house in Boston from June 15, 1878, to September 3, 1878. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts in substance as follows : On September 15, 1875, the plaintiff leased the house in question to the defendant, for the term of three years from that date, rent being payable quarterly at the rate of $1100 a year.
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Contract for the rent of a house in Boston from June 15, 1878, to September 3, 1878. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts in substance as follows : On September 15, 1875, the plaintiff leased the house in question to the defendant, for the term of three years from that date, rent being payable quarterly at the rate of $1100 a year. At the time of executing the lease the plaintiff was the owner of the premises, subject to a mortgage given by the plaintiff’s grantor for $12,000, which mortgage the…
1Opinion of the CourtEndicott, J.
At the time the plaintiff leased the premises to the defendant, they were subject to a mortgage. Before the quarter’s rent became due, which the plaintiff seeks to recover in this action, the mortgagee entered for condition broken and for the purpose of foreclosure, and notified the defendant that he must pay rent to him. No rent was then due, and the defendant upon demand paid the rent falling due soon after to the mortgagee, who was in possession. The tenant of a mortgagor is not liable to him for rent, after the mortgagee, who holds a mortgage given prior to the lease, has entered and…
2Cases cited2 opinions
- Cook v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Mirick v. HoppinMassachusetts Supreme Judicial Court · 1875
3Cited by13 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- International Paper Co. v. Priscilla Co.Massachusetts Supreme Judicial Court · 1932
- Moss v. Grove Hall Savings BankMassachusetts Supreme Judicial Court · 1935
- Highland Trust Co. v. SlotnickMassachusetts Supreme Judicial Court · 1935
- Noble v. BrooksMassachusetts Supreme Judicial Court · 1916
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