Legal Opinion

Fitchburg Cotton Manufactory Corp. v. Melven

Massachusetts Supreme Judicial Court

Decided September 15, 1818PublishedCited by 44 opinions

This was an action of covenant broken, upon an indenture made by and between the plaintiffs and the defendants on the 10th of June, 1816, by which the plaintiffs demised to the defendants certain buildings and mill privileges, with tools and machinery in the buildings, for the manufacture of woollen cloths, for the term of three years from the date of the indenture, “ yielding and paying therefor the rent of 275 dollars annually during the term aforesaid.”

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This was an action of covenant broken, upon an indenture made by and between the plaintiffs and the defendants on the 10th of June, 1816, by which the plaintiffs demised to the defendants certain buildings and mill privileges, with tools and machinery in the buildings, for the manufacture of woollen cloths, for the term of three years from the date of the indenture, “ yielding and paying therefor the rent of 275 dollars annually during the term aforesaid.” The breach was alleged in the non-payment of one year’s rent, due on the 10th of June, 1817. The defendants pleaded, in bar, that, before…

1Opinion of the CourtJackson, J.

We are all of opinion that the first plea in bar is good, and that the plaintiffs are not entitled to recover any thing in *248this action. If the rent had been payable quarterly, the sum due for the first quarter might have been recovered, notwithstanding the subsequent eviction ; but as the tenants were evicted before the first day of payment, no rent can be recovered upon the indenture. (3)

This result is not influenced by the circumstance that Cushing, who evicted the defendants, was a mortgagee. It is enough that he entered under a title paramount to that of the lessors. If the lease had been…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826

3Cited by44 opinions

  1. Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
  2. Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
  3. Christopher v. . AustinNew York Court of Appeals · 1854
  4. Fillebrown v. HoarMassachusetts Supreme Judicial Court · 1878
  5. Two Rector Street Corp. v. BeinAppellate Division of the Supreme Court of the State of New York · 1929

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