Roth v. Adams
Massachusetts Supreme Judicial Court
Two ACTIONS ON CONTRACT, for arrears of rent alleged to be due from the defendant Adams as lessee, and from the defendant Hall as guarantor under a writing indorsed on the lease to Adams, the second action being brought by the executors of the plaintiff in the first action to recover for rent alleged to have accrued subsequently to any sued for in the first action.
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Two ACTIONS ON CONTRACT, for arrears of rent alleged to be due from the defendant Adams as lessee, and from the defendant Hall as guarantor under a writing indorsed on the lease to Adams, the second action being brought by the executors of the plaintiff in the first action to recover for rent alleged to have accrued subsequently to any sued for in the first action. Writs dated October 7,1899. At the trial in the Superior Court Sheldon, J. ruled, that, upon the pleadings and evidence, the plaintiffs could not maintain their actions against both defendants, but must elect which defendant they…
1Opinion of the CourtBraley, J.
The short form of guaranty written on the lease follows the language of a similar contract construed in Sartwell y. Humphrey, 136 Mass. 396, and the nature of the undertaking of the defendants is clearly and precisely expressed.
Being an instrument under seal, a consideration is presumed and is sufficient to support it as a binding agreement whether executed concurrently with or at a time subsequent to the signing of the lease. Hayes v. Kyle, 8 Allen, 300, 301.
By its stipulations the punctual performance on the part of the lessee of the covenants of the lease was guaranteed.
It is not contended…
2Cases cited10 opinions
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Welch v. WalshMassachusetts Supreme Judicial Court · 1901
- Warren v. LyonsMassachusetts Supreme Judicial Court · 1890
- Smith v. McEnanyMassachusetts Supreme Judicial Court · 1897
- Stevens v. PierceMassachusetts Supreme Judicial Court · 1890
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3Cited by16 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
- The Merchants National Bank v. StoneMassachusetts Supreme Judicial Court · 1936
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
11 more not listed; retrieve them via the Exa API.