Cooley v. Collins
Massachusetts Supreme Judicial Court
Contract on a covenant in a lease for rent. Writ dated January 24,1903. At the trial in the Superior Court before Hitchcock, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The portion of the deposition of Frissell mentioned in the opinion, and held to have been excluded erroneously, was as follows: “Int. 18. When you gave receipts personally, from whom did you acknowledge receipt of payment of the rent ? Ans.
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Contract on a covenant in a lease for rent. Writ dated January 24,1903. At the trial in the Superior Court before Hitchcock, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The portion of the deposition of Frissell mentioned in the opinion, and held to have been excluded erroneously, was as follows: “Int. 18. When you gave receipts personally, from whom did you acknowledge receipt of payment of the rent ? Ans. It was my opinion that I gave receipts in George W. Collins’ name, that is my best recollection.” “Int. 25. State as nearly as you can recollect…
1Opinion of the CourtBanker, J.
On August 10, 1899, the defendant and one Frissell, the plaintiff’s predecessor in title, executed a lease for the term of three years from August 11,1899. On May 1,1901, Frissell conveyed the leased property to the plaintiff. The action is to recover unpaid rent from March 10, 1902, to August 10, 1902.
The case was tried with a jury and after a verdict for the defendant comes here upon exceptions taken at the trial to the admission and exclusion of evidence.
1. The evidence tended to show that the premises were first occupied by the defendant personally, and then by one Deming to whom the…
2Cases cited1 opinion
- Whicher v. CottrellMassachusetts Supreme Judicial Court · 1896
3Cited by6 opinions
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
- Capitol Bank & Trust Co. v. RichmanMassachusetts Appeals Court · 1985
- Mumford v. CoghlinMassachusetts Supreme Judicial Court · 1924
- Burton v. F. A. Seifert & Co.Supreme Court of Virginia · 1908
- Commonwealth v. PorterMassachusetts Supreme Judicial Court · 1921
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