Holbrook v. Young
Massachusetts Supreme Judicial Court
Contract by the assignee in bankruptcy of Jeremiah Swazey and Jasper Rawson, partners under the style of Swazey & Raw-son, against Priestly Young and Abba L. Young, his wife, for the rent of a shop in Worcester.
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Contract by the assignee in bankruptcy of Jeremiah Swazey and Jasper Rawson, partners under the style of Swazey & Raw-son, against Priestly Young and Abba L. Young, his wife, for the rent of a shop in Worcester. Trial in the superior court, before Dewey, J., who, after a verdict against both defendants, reported the case for the determination of this court, substantially as follows: On December 80, 1867, Mary C. Fletcher, then and since the wife of Joel Fletcher, executed a written lease of two shops in Worcester to Bartholomew Haley, for the term r£ three years from April 1868, and on July…
1Opinion of the CourtWells, J.
The lease of Mrs. Fletcher to Haley for three
years, without the written assent of her husband, was void. Her permission for Haley to assign to Swazey & Rawson, and her assent to the lease of one of the stores by Swazey & Rawson to Mrs. Young, were equally ineffectual to create any estate in either, above that of a tenancy at will. So long as occupation was permitted to continue under the arrangements thus made, the provisions of those several instruments might be resorted to for the purpose of ascertaining the terms upon which such occupation was enjoyed. But they could not operate to affect…
2Cited by27 opinions
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Daddario v. City of GloucesterMassachusetts Supreme Judicial Court · 1952
- B. F. Avery & Sons' Plow Co. v. KennerlyTexas Commission of Appeals · 1929
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