George v. Putney
Massachusetts Supreme Judicial Court
This was an action of assumpsit for the recovery of $50, for the use and occupation of a store, under the First Freewill Baptist Meeting-house in Lowell, from the 1st of January to the 1st of April, 1847. The defendant pleaded the general issue, and specified in defence a paramount title to the premises in Benjamin F. Butler, Thomas Hopkinson, and Tappan Wentworth, and an eviction by them.
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This was an action of assumpsit for the recovery of $50, for the use and occupation of a store, under the First Freewill Baptist Meeting-house in Lowell, from the 1st of January to the 1st of April, 1847. The defendant pleaded the general issue, and specified in defence a paramount title to the premises in Benjamin F. Butler, Thomas Hopkinson, and Tappan Wentworth, and an eviction by them. The case being tried in the court of common pleas, before Wells, C. J., it was in evidence on the part of the plaintiff, that being in possession of the premises, claiming title thereto, in the latter part…
1Opinion of the CourtWilde, J.
This was an action of assumpsit for the use and occupation of a store, which had been let by the plaintiff to the defendant by a parol lease; and the question at the trial was, whether, upon the facts proved, the plaintiff was entitled to recover. It was ruled by the presiding judge, that he was not; and to this ruling the plaintiff excepted. In support of his exception, he relies upon the well-settled rule of law, that in an action for the recovery of rent reserved in a lease by the lessor against the lessee, the defendant is not allowed to plead nil habuit in tenementis; for he is es-topped…
2Cases cited4 opinions
- Codman v. JenkinsMassachusetts Supreme Judicial Court · 1817
- Greeno v. MunsonSupreme Court of Vermont · 1837
- Farley v. ThompsonMassachusetts Supreme Judicial Court · 1818
- Chambers v. PleakCourt of Appeals of Kentucky · 1838
3Cited by3 opinions
- Conference Center Ltd. v. TRC—The Research Corp.Supreme Court of Connecticut · 1983
- Grant v. BriskinSupreme Court of Rhode Island · 1992
- Dime Savings Bank of New York v. Coleman, No. Cv 960556736s (Jun. 14, 1996)Connecticut Superior Court · 1996