Legal Opinion

O'Connell v. M'Grath

Massachusetts Supreme Judicial Court

Decided January 15, 1867PublishedCited by 1 opinion

Action under Gen. Sts. c. 137, to recover possession of a house in Boston, leased by the plaintiff to the defendant. At the trial in the superior court, before Wilkinson, J., it appeared that a portion of the house was underlet by the defendant, without objection on the part of the plaintiff; and the plaintiff claimed possession under Gen. Sts. c. 87, § 8, alleging that part of the house so underlet was used by the undertenant for the illegal sale of intoxicating liquors.

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Action under Gen. Sts. c. 137, to recover possession of a house in Boston, leased by the plaintiff to the defendant. At the trial in the superior court, before Wilkinson, J., it appeared that a portion of the house was underlet by the defendant, without objection on the part of the plaintiff; and the plaintiff claimed possession under Gen. Sts. c. 87, § 8, alleging that part of the house so underlet was used by the undertenant for the illegal sale of intoxicating liquors. The judge instructed the jury that proof of such use would be insufficient, without further proof that it was with the…

1Opinion of the CourtBigelow, C. J.

The plaintiff has no valid ground of exception to the ruling of the court. The evidence did not show any act by the defendant which avoided his lease from the plaintiff. It is only a tenant or occupant who uses demised premises for unlawful purposes that forfeits his right or title to continue in *290the possession and use of “a building, place or tenement,” under Gen. Sts. c. 87, §§ 6 and 8. Nothing appeared at the trial from which any improper or unlawful use of the premises by the defendant could be inferred. On the contrary, the jury have found under the instructions of the court that any…

2Cited by1 opinion

  1. Pickalo v. MackMichigan Supreme Court · 1922

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