Riley v. Hale
Massachusetts Supreme Judicial Court
Contract, by writ dated March 12, 1890. The first count of the declaration was for sixteen thousand five hundred dollars, being money had and received by the defendant to the use of the plaintiff for three years’ rent of the premises in question.
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Contract, by writ dated March 12, 1890. The first count of the declaration was for sixteen thousand five hundred dollars, being money had and received by the defendant to the use of the plaintiff for three years’ rent of the premises in question. The second count was as follows: “ And the plaintiff says the defendant executed and delivered to him a written lease of a certain store, numbered 101 on State Street, in the city of Chicago in the State of Illinois, whereby the defendant, in consideration of a certain rent to be paid by the plaintiff, let said store to the plaintiff for the term of…
1Opinion of the CourtAllen, J.
From the facts stated, it would seem probable that Rile)'-, the present plaintiff, might have maintained a defence to the original action of Hale against him, at least as to a part of the rent therein demanded, on the ground that Hale, the lessor, had accepted a surrender or renunciation of the lease. Talbot v. Whipple, 14 Allen, 177. Daniels v. Newton, 114 Mass. 530. Amory v. Kannoffsky, 117 Mass. 351. Deane v. Caldwell, 127 Mass. 242. But he did not interpose this defence in season to make it effectual, and, having been defaulted, judgment against him for one full year’s rent under the…
2Cases cited7 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
- Fiske v. SteeleMassachusetts Supreme Judicial Court · 1890
- Berrington v. CaseyIllinois Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Charles E. Burt, Inc. v. Seven Grand Corp.Massachusetts Supreme Judicial Court · 1959
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
- Ferrick v. BarryMassachusetts Supreme Judicial Court · 1946
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
12 more not listed; retrieve them via the Exa API.