Legal Opinion

DeWolfe v. Roberts

Massachusetts Supreme Judicial Court

Decided February 27, 1918PublishedCited by 21 opinions

Tort by a physician against Carrie A. Roberts, in control of a two-family house numbered 629 on Main Street in Malden, Charles M. Josselyn, a real estate agent, and Frank A. McAllister, a constable, alleging a conspiracy to injure the plaintiff by evicting the plaintiff from the lower tenement of the house, where he lived with his wife and had an office for practising medicine, the declaration being described further in the opinion.

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Tort by a physician against Carrie A. Roberts, in control of a two-family house numbered 629 on Main Street in Malden, Charles M. Josselyn, a real estate agent, and Frank A. McAllister, a constable, alleging a conspiracy to injure the plaintiff by evicting the plaintiff from the lower tenement of the house, where he lived with his wife and had an office for practising medicine, the declaration being described further in the opinion. Writ dated September 19, 1916. In the Superior Court the case was tried before Morion, J. The material facts shown by the evidence are stated in the opinion. At…

1Opinion of the CourtCrosby, J.

In September, 1915, and for about three years previously, the plaintiff occupied as a tenant at will a tenement owned in part by the defendant Roberts. From February, 1915, up to September 7 following, the rent due from the plaintiff was in arrears; and on the latter date the defendant Roberts, for the purpose of terminating the tenancy, éxecuted a lease in writing to the defendant McAllister, who was a constable. McAllister served a notice on the plaintiff to vacate the premises, and after-wards brought a summary process under R. L. c. 181, § 1, and obr tained judgment against him for…

2Cases cited5 opinions

  1. Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
  2. Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
  3. Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
  4. O'Callaghan v. CronanMassachusetts Supreme Judicial Court · 1876
  5. Groustra v. BourgesMassachusetts Supreme Judicial Court · 1886

3Cited by21 opinions

  1. Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
  2. Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
  3. Brictson v. WoodroughCourt of Appeals for the Eighth Circuit · 1947
  4. Snider v. DebanMassachusetts Supreme Judicial Court · 1924
  5. Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922

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