Legal Opinion

Fletcher v. M'Farlane

Massachusetts Supreme Judicial Court

Decided March 15, 1815PublishedCited by 11 opinions

This was an action of assumpsit, to recover the rent of a certain house and shop, situate in Boston. There were divers counts in the declaration ; in one of which the plaintiffs allege that one William Pelham, by indenture between him and the plaintiffs, demised the premises to them, to hold from September 1st, 1810, for the term of four years, unless within that time the rector and wardens of the King’s Chapel in Boston should recover judgment against said Pelham, in a suit…

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This was an action of assumpsit, to recover the rent of a certain house and shop, situate in Boston. There were divers counts in the declaration ; in one of which the plaintiffs allege that one William Pelham, by indenture between him and the plaintiffs, demised the premises to them, to hold from September 1st, 1810, for the term of four years, unless within that time the rector and wardens of the King’s Chapel in Boston should recover judgment against said Pelham, in a suit then pending between them *for the [*44] said premises, and should evict the said Pelham therefrom. The rent was to be…

1Opinion of the CourtParker, C. J.

[After stating the facts from the judge’s report. ] The first objection made to the recovery in the present action, which, however, has not been much insisted on, is, that, as the plaintiffs had assigned the lease, and Pelham, the lessor, had accepted rent of the defendant, the assignee, he had no legal remedy against the plaintiffs, who, having paid voluntarily and in their own wrong, ought not now to recover back from the defendant.

* But it is very clearly settled by the authorities cited by [ * 46 ] the counsel for the plaintiffs,(1) that, although debt for rent cannot be maintained…

2Cases cited1 opinion

  1. Lincoln v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1851

3Cited by11 opinions

  1. Locke v. HomerMassachusetts Supreme Judicial Court · 1881
  2. Fowlkes v. LeaMississippi Supreme Court · 1904
  3. Foley v. DwyerMichigan Supreme Court · 1900
  4. Bailey v. WellsWisconsin Supreme Court · 1859
  5. Lutton v. RauCalifornia Court of Appeal · 1918

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