Steese v. Johnson
Massachusetts Supreme Judicial Court
Action on Pub. Sts. c. 175, to recover possession of certain premises in Brookline. At the trial in the Superior Court, on appeal, before Blodgett, J., the plaintiffs offered evidence which tended to show that on June 7, 1895, the defendant was in occupation of the premises in question, as the tenant of the plaintiffs under a written lease, and was then owing them several months’ rent which had accrued under the lease; and that on that day a notice to quit for non-payment of…
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Action on Pub. Sts. c. 175, to recover possession of certain premises in Brookline. At the trial in the Superior Court, on appeal, before Blodgett, J., the plaintiffs offered evidence which tended to show that on June 7, 1895, the defendant was in occupation of the premises in question, as the tenant of the plaintiffs under a written lease, and was then owing them several months’ rent which had accrued under the lease; and that on that day a notice to quit for non-payment of rent, signed in behalf of the plaintiffs by their attorney, was delivered to W. Y. Gross, a constable of Brookline, to…
1Opinion of the CourtMorton, J.
There was evidence that the notice was served by leaving an attested copy with some one on the demised premises, which were occupied by the defendant. In such a case it is well settled that, if the person to whom the notice was given was the wife or servant of the defendant, the service was sufficient on the ground that that fact would furnish presumptive evidence that the defendant received the notice. Walker v. Sharpe, 103 Mass. 154. Grundy v. Martin, 143 Mass. 279. Jones v. Marsh, 4 T. R. 464. We think that there was evidence on which the jury were justified in finding that the woman to…
2Cases cited2 opinions
- Walker v. SharpeMassachusetts Supreme Judicial Court · 1869
- Grundy v. MartinMassachusetts Supreme Judicial Court · 1887
3Cited by4 opinions
- Ashkenazy v. O'NeillMassachusetts Supreme Judicial Court · 1929
- Ryan v. SylvesterMassachusetts Supreme Judicial Court · 1970
- Broad-Bridge Corp. v. DulchinosMassachusetts District Court · 1949
- St. Paul Manor, Inc. v. GolburghMassachusetts Supreme Judicial Court · 1967