Prescott v. Kyle
Massachusetts Supreme Judicial Court
Action under the Gen. Sts. c. 137, to recover possession of a shop in Boston. Writ dated May 28, 1868. At the trial in the superior court, before Morton, J., without a jury, it appeared that the plaintiff, who was owner of the premises, leased them to the defendant by a written lease, to hold for three years from March 10, 1867; that the defendant underlet them to Charles Phillips by a written lease to hold for two years and one month from February 10,1868 ; that Phillips…
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Action under the Gen. Sts. c. 137, to recover possession of a shop in Boston. Writ dated May 28, 1868. At the trial in the superior court, before Morton, J., without a jury, it appeared that the plaintiff, who was owner of the premises, leased them to the defendant by a written lease, to hold for three years from March 10, 1867; that the defendant underlet them to Charles Phillips by a written lease to hold for two years and one month from February 10,1868 ; that Phillips took possession under his lease, had since continued in the use and occupation of the premises, and used them for the…
1Opinion of the Court
Colt, J
The lease of the defendant to Phillips was absolutely void at the election of the plaintiff. It was made by the defendant with the knowledge that the premises were to be used for an illegal purpose, which by the statute made it a common nuisance. The act of making the lease subjected him to punishment as guilty of aiding in the maintenance of a nuisance. *382Gen. Sts. c. 87, §§ 6-9. The defendant knowingly permitted such illegal use after making the alleged lease. Under the circumstances, a court must be justified in finding that he was a participator in such use. Otherwise a lessee might…
2Cases cited1 opinion
- Delano v. BartlettMassachusetts Supreme Judicial Court · 1850
3Cited by4 opinions
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- Cochran v. Lakota Land & Water Co.Washington Supreme Court · 1933
- Street v. TullSupreme Court of Oklahoma · 1913
- Granite Building Corporation v. GreeneSupreme Court of Rhode Island · 1904