Brooks v. Allen
Massachusetts Supreme Judicial Court
Appeal from a decision of the Court of Insolvency, disallowing the claim of the appellants against an insolvent estate. The appeal was heard in the Superior Court, and, after a judgment dismissing the appeal, in this court, on appeal on an agreed statement of facts, in substance as follows: The appellants, owners of a store in Boston, made a new lease thereof, on January 21, 1885, to the appellee Allen, who was occupying the premises under a guaranteed lease.
Read the full summary
Appeal from a decision of the Court of Insolvency, disallowing the claim of the appellants against an insolvent estate. The appeal was heard in the Superior Court, and, after a judgment dismissing the appeal, in this court, on appeal on an agreed statement of facts, in substance as follows: The appellants, owners of a store in Boston, made a new lease thereof, on January 21, 1885, to the appellee Allen, who was occupying the premises under a guaranteed lease. Allen agreed to obtain a guaranty of the new lease from the same guarantor, and the lease in the form of an indenture in two parts was…
1Opinion of the CourtC. Allen, J.
According to the understanding of all parties, the rent was to be paid by Allen alone, and not by the firm. There could have been no pretence for holding the firm but for the fraud in respect to the guaranty of the rent. This fraud was practised by Allen alone, before the time when Dennan became his partner. There is nothing to show that Dennan had any more reason to suspect this fraud than the lessors had. The lessors relied only on Allen, and on his supposed guarantor, for the rent. Upon discovery of the fraud, they were entitled to treat the lease as invalid; or, at their option, they…
2Cases cited5 opinions
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Earle v. CoburnMassachusetts Supreme Judicial Court · 1881
- Massachusetts General Hospital v. FairbanksMassachusetts Supreme Judicial Court · 1880
- Leonard v. KingmanMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Highland Trust Co. v. SlotnickMassachusetts Supreme Judicial Court · 1935
- Tobin v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1904
- Moskow v. FineMassachusetts Supreme Judicial Court · 1935
- Fryszka v. PrybeskiMichigan Supreme Court · 1905
- Willis v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1898