Burden v. Thayer
Massachusetts Supreme Judicial Court
This was an action of debt for three years’ rent of a watei privilege and a manufactory in Mention. The defendants brought money into court, under the common rule, in payment of the rent for the last two years, and the parties went to trial before Wilde. J. upon the question whether the plaintiff was entitled to recover the first year’s rent.
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This was an action of debt for three years’ rent of a watei privilege and a manufactory in Mention. The defendants brought money into court, under the common rule, in payment of the rent for the last two years, and the parties went to trial before Wilde. J. upon the question whether the plaintiff was entitled to recover the first year’s rent. A verdict was returned for the plaintiff, to be set aside, and a new trial to be granted, if in the opinion of the whole court the plaintiff cannot recover said rent. The facts of the case appear in the opinion of the court.
1Opinion of the CourtShaw, C. J.
Upon the case stated, it appears that in 1833, William Capron, being owner of the estate, leased the same to the defendants for a term of twelve years from April 1st 1833, at a rent of $ 130, payable annually, on the 1st of April each year during the term.
On the 5th April 1837, said Capron mortgaged the leased premises to the plaintiff, to secure the payment of $ 2250, in one year from date, which has never been paid. In May 1837, the plaintiff gave notice of -this mortgage to the defendants. The defendants have paid to the plaintiff the annual rents due April 1st 1838 and 1839, which accrued…
2Cases cited3 opinions
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Demarest v. WillardNew York Supreme Court · 1828
3Cited by4 opinions
- Bulger v. Wilderman, Pennsylvania Court of Common Pleas, Philadelphia County1930
- Commonwealth v. JonesMassachusetts Superior Court · 2011
- Miles v. Abe Kolsky & Co., Pennsylvania Court of Common Pleas, Philadelphia County1930
- Suburbia Federal Savings & Loan Ass'n v. R. V. Centre Corp.New York Supreme Court · 1964