Hall v. Joseph Middleby, Jr., Inc.
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of one Basil Yesaxes to recover $1,000 paid by Vesaxes to the defendant as security for the payment of monthly rent due under the terms of a lease from the defendant to him.
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Contract by the trustee in bankruptcy of one Basil Yesaxes to recover $1,000 paid by Vesaxes to the defendant as security for the payment of monthly rent due under the terms of a lease from the defendant to him. Writ in the Superior Court for the county of Suffolk dated December 5, 1904. The case was tried before Bell, J., without a jury, upon an agreed statement of facts, of which the following are material: • The defendant on August 20, 1903, executed a lease to Yesaxes of premises numbered 16 and 18 on Winter Street in Boston, the annual rental being $12,000, and the lessee agreeing to pay…
1Opinion of the CourtBbaley, J.
The deposit, the right to which is in dispute, cannot be deemed liquidated damagse to be exacted as a penalty, for, by the express stipulation of the defendant’s agreement, the money constituted a collateral fund to secure the performance of the lessee’s covenants and to indemnify the lessor if it suffered damages from their breach. But, before the security could be applied in payment of rent which was due in advance on the first day of each month, the rent must have been in arrears. The rent for the month in which the default is claimed having been neither paid nor tendered within three days…
2Cases cited8 opinions
- Sutton v. GoodmanMassachusetts Supreme Judicial Court · 1907
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
- Smith v. McEnanyMassachusetts Supreme Judicial Court · 1897
- Hammond v. ThompsonMassachusetts Supreme Judicial Court · 1897
- Griggs v. MoorsMassachusetts Supreme Judicial Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Caruso v. ShelitMassachusetts Supreme Judicial Court · 1933
- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- Highland Trust Co. v. SlotnickMassachusetts Supreme Judicial Court · 1935
- Callahan v. GoldmanMassachusetts Supreme Judicial Court · 1913
- Moskow v. FineMassachusetts Supreme Judicial Court · 1935
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