Voss v. Sylvester
Massachusetts Supreme Judicial Court
Contract, for rent of a blacksmith’s shop and boiler shop upon Wharf Street in Gloucester, the second count, which was the only one material, being upon a lease in writing, of which a copy was annexed to the declaration and bore the signatures under seal of the plaintiff and of “ Frederick Sylvester & Co.” Writ dated March 17,1903. The defendant filed an answer in abatement alleging that, if he was indebted to the plaintiff he was indebted jointly with one Mary Sylvester,…
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Contract, for rent of a blacksmith’s shop and boiler shop upon Wharf Street in Gloucester, the second count, which was the only one material, being upon a lease in writing, of which a copy was annexed to the declaration and bore the signatures under seal of the plaintiff and of “ Frederick Sylvester & Co.” Writ dated March 17,1903. The defendant filed an answer in abatement alleging that, if he was indebted to the plaintiff he was indebted jointly with one Mary Sylvester, who ought to have been made a party. He filed a further answer, without waiving his answer in abatement, containing a…
1Opinion of the CourtMorton, J.
This is an action of contract for rent alleged to be due from the defendant to the plaintiff under and by virtue of a written lease from the plaintiff to the defendant of certain premises in Gloucester. The jury returned a verdict for the plaintiff for the full amount claimed, and the case is here on the defendant’s exceptions. The exceptions relate wholly to the second count in the declaration which was upon the written lease.
The lease purported to be a lease from the plaintiff to “ Frederick Sylvester and Mary Sylvester copartners of said Gloucester under the name of Sylvester & Co. of said…
2Cases cited13 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1909
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
- De Witt v. PiersonMassachusetts Supreme Judicial Court · 1873
- Bartlett v. FarringtonMassachusetts Supreme Judicial Court · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
- Edgerly v. Equitable Life Assurance Society of the United StatesMassachusetts Supreme Judicial Court · 1934
- Druker v. DrukerMassachusetts Supreme Judicial Court · 1929
- Nesson v. AdamsMassachusetts Supreme Judicial Court · 1912
16 more not listed; retrieve them via the Exa API.