McCall v. New York Life Insurance
Massachusetts Supreme Judicial Court
Three actions of contract for rent alleged to be due under the same lease. Writs dated respectively February 25, 1904, March 3 and June 5, 1905. The cases were tried together before Flaherty, J. The facts are stated in the opinion. There was no evidence introduced by the defendant in regard to the state of things or the way in which the elevator was operated after the defendant quit the premises.
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Three actions of contract for rent alleged to be due under the same lease. Writs dated respectively February 25, 1904, March 3 and June 5, 1905. The cases were tried together before Flaherty, J. The facts are stated in the opinion. There was no evidence introduced by the defendant in regard to the state of things or the way in which the elevator was operated after the defendant quit the premises. At the close of the evidence, the presiding judge, upon the defendant’s counsel stating that he made no claim in recoupment, ruled that the evidence was not sufficient to constitute an eviction of…
1Opinion of the CourtHammond, J.
To these three actions for rent alleged to be due under a written lease to the defendant, the defense relied upon at the trial wa's eviction; and the main question is, whether upon the evidence the defendant was entitled to go to the jury on that defense.
At the trial many of the material facts were not in dispute. It appeared that the lease was dated July 1, 1902, and was for the term of five years from the first day of September, 1902. The demised premises consisted of the entire office space on the fourth floor of the Union Trust Company building, “ with the privileges and appurtenances to…
2Cases cited2 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Brown v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1890
3Cited by23 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
- Latter's CaseMassachusetts Supreme Judicial Court · 1921
- Nesson v. AdamsMassachusetts Supreme Judicial Court · 1912
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