Hinckley v. Guyon
Massachusetts Supreme Judicial Court
Action on Pub. Sts. c. 175, to recover possession of certain premises in Boston. Writ dated December 12, 1896. Trial in the Superior Court, before Maynard, J., who directed the jury to return a verdict for the defendant, and the plaintiff alleged exceptions, in substance as follows. The defendant claimed to be a tenant at will of one Edwin Dunlap, the owner of the premises.
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Action on Pub. Sts. c. 175, to recover possession of certain premises in Boston. Writ dated December 12, 1896. Trial in the Superior Court, before Maynard, J., who directed the jury to return a verdict for the defendant, and the plaintiff alleged exceptions, in substance as follows. The defendant claimed to be a tenant at will of one Edwin Dunlap, the owner of the premises. The plaintiff claimed to be a tenant of the same owner and of the same premises by a title anterior and superior to the title of the defendant, and that the defendant was the plaintiff’s tenant, and not the tenant of the…
1Opinion of the CourtField, C. J.
There was evidence for the jury that the plaintiff on his own account let the premises to the defendant at $90 a month in advance, and put her in possession as his tenant'; that the defendant paid one month’s rent, and no more; that after another month’s rent became due the plaintiff gave the defendant fourteen days’ notice to quit, in writing, in accordance with Pub. Sts. c. 121, § 12; that the defendant remained in possession, and that after the expiration of said fourteen days the plaintiff brought this action to recover possession under Pub. Sts. c. 175.
If the defendant was a tenant not…
2Cases cited9 opinions
- Holbrook v. YoungMassachusetts Supreme Judicial Court · 1871
- Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- McGrath v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Hawes v. ShawMassachusetts Supreme Judicial Court · 1868
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3Cited by5 opinions
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Koehne v. HarveyDistrict of Columbia Court of Appeals · 1946
- Whaley v. WynnSupreme Court of Alabama · 1922
- Aguglia v. CavicchiaMassachusetts Supreme Judicial Court · 1918
- Hurley v. StevensMissouri Court of Appeals · 1926