Harmon, Wastcoat, Dahl Co. v. Star Brewing Co.
Massachusetts Supreme Judicial Court
Contract for $1,950 alleged to be due as rent for thirteen months under a lease of a store or saloon numbered 945 on Washington Street in Boston, dated April 1, 1914, from the plaintiff to William J. Sarsfield and Katherine M. Sarsfield, and assigned by them to the defendant with the assent of the plaintiff on November 2, 1914. Writ dated June 14, 1916. The defendant’s answer, besides a general denial and an allegation of payment, alleged an assignment of the lease by the…
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Contract for $1,950 alleged to be due as rent for thirteen months under a lease of a store or saloon numbered 945 on Washington Street in Boston, dated April 1, 1914, from the plaintiff to William J. Sarsfield and Katherine M. Sarsfield, and assigned by them to the defendant with the assent of the plaintiff on November 2, 1914. Writ dated June 14, 1916. The defendant’s answer, besides a general denial and an allegation of payment, alleged an assignment of the lease by the defendant to one John J. Duggan on March 3, 1915, and also set up the statute of frauds. In the Superior Court the case…
1Opinion of the CourtDe Courcy, J.
The plaintiff, by a lease dated April 1, 1914, demised a store on Washington Street, Boston, to William J. and Katherine M. Sarsfield for a term of two years and one month. The Sarsfields, who carried on the liquor business on the premises, borrowed $12,000 from the defendant Star Brewing Company, and as security gave the defendant a mortgage on the contents and good will of the saloon, and a power of attorney to assign to it the lease of the store. The lease itself permitted an assignment to the defendant. In October, 1914, the Sarsfields became financially involved and abandoned the liquor…
2Cases cited4 opinions
- Sanders v. PartridgeMassachusetts Supreme Judicial Court · 1871
- Maionica v. PiscopoMassachusetts Supreme Judicial Court · 1914
- Donaldson v. StrongMassachusetts Supreme Judicial Court · 1907
- Collins v. PrattMassachusetts Supreme Judicial Court · 1902
3Cited by8 opinions
- Ottman v. Nixon-NirdlingerSupreme Court of Pennsylvania · 1930
- Talbot v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1933
- Kirby v. GoldmanMassachusetts Supreme Judicial Court · 1930
- Rainault v. EvartsMassachusetts Supreme Judicial Court · 1937
- Kacavas v. ToothackerMassachusetts Supreme Judicial Court · 1932
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