Chapman v. Harney
Massachusetts Supreme Judicial Court
Action commenced April 16,1868, on the Gen. Sts. c. 137, against an undertenant of James Keegan, for possession of the tenement described in the following notice, signed by the plaintiff, and dated and served upon the defendant September 9. 1867, with which the defendant refused to comply: “ You are hereby notified that I have terminated the tenancy of James Keegan in the tenement numbered 81 on Common Street in Lawrence, which you occupy and bold under said Keegan, and that…
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Action commenced April 16,1868, on the Gen. Sts. c. 137, against an undertenant of James Keegan, for possession of the tenement described in the following notice, signed by the plaintiff, and dated and served upon the defendant September 9. 1867, with which the defendant refused to comply: “ You are hereby notified that I have terminated the tenancy of James Keegan in the tenement numbered 81 on Common Street in Lawrence, which you occupy and bold under said Keegan, and that said tenement was held by said Keegan under a lease from me, which said lease has been forfeited by said Keegan for…
1Opinion of the CourtColt, J.
Unless the lease of the plaintiff to Keegan, under whom the tenant claims, was legally terminated by the plaintiff for the alleged forfeiture for nonpayment of rent, this action cannot be maintained. Many objections are taken by the defendant to the validity of the plaintiff’s proceedings. We confine ourselves to one which is in our opinion decisive.
The claim of the plaintiff is stricti juris. He seeks to enforce a forfeiture; and courts always lean against penalties and forfeitures. To entitle himself to recover the possession of the leased premises, he must show that all the necessary forms…
2Cases cited2 opinions
- Bowman v. FootSupreme Court of Connecticut · 1860
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
3Cited by11 opinions
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Kovner v. DubinSupreme Court of Connecticut · 1926
- Rogers v. SnowMassachusetts Supreme Judicial Court · 1875
- Shepherd v. SorrellsCourt of Appeals of Texas · 1944
- Gray v. VogelsangCourt of Appeals of Texas · 1921
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