Darrigan v. Williams
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari directing the defendant, judge of the Municipal Court of the Roxbury District of the city of Boston, to revise an order dismissing a petition filed under R. L. c. 168, § 80, by the plaintiff as a judgment creditor against one Richard J. Riley, as a judgment debtor. There was a hearing on the petition on a return by the respondent before Sheldon, J., who reserved the case for consideration of the full court.
Read the full summary
Petition for a writ of certiorari directing the defendant, judge of the Municipal Court of the Roxbury District of the city of Boston, to revise an order dismissing a petition filed under R. L. c. 168, § 80, by the plaintiff as a judgment creditor against one Richard J. Riley, as a judgment debtor. There was a hearing on the petition on a return by the respondent before Sheldon, J., who reserved the case for consideration of the full court. The ground upon which the respondent dismissed the petition for equitable process after judgment was that the declaration in the action in which the…
1Opinion of the CourtLoring, J.
The ground on which the landlord in the original action claimed to be entitled to interest on the rent due was not that the rent was due on a fixed day, but that he had made a demand for the payment of it on January 1, 1905.
The amount due for rent on the day the demand was made was thus conceded to be $52. It was not paid then. The amount due for rent one year after the day of demand was such sum as is the equivalent of $52 on January 1, 1905. The sum due for rent on January 1, 1906, is due for rent and for rent only as much as that due on January 1,1905. It is larger in amount because the…
2Cases cited1 opinion
- Pierce v. Charter Oak Life InsuranceMassachusetts Supreme Judicial Court · 1884
3Cited by1 opinion
- Moneyweight Scale Co. v. McBrideMassachusetts Supreme Judicial Court · 1908