Wood v. Partridge
Massachusetts Supreme Judicial Court
This was an action of covenant broken, on an indenture made between the parties on the 20th of December, 1809, whereby the plaintiff demised to the defendant a farm in Sidney, in the county of Kennebeck, for two years from the 1st of January then next, at the rent of 120 dollars per annum, payable quarterly.
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This was an action of covenant broken, on an indenture made between the parties on the 20th of December, 1809, whereby the plaintiff demised to the defendant a farm in Sidney, in the county of Kennebeck, for two years from the 1st of January then next, at the rent of 120 dollars per annum, payable quarterly. The plain tiff demands four quarters’ rent due on the 1st of April, 1811. The defendant pleads that, on the 20th of September, 1810, one Robert Williams commenced an action against the said Wood, and therein summoned him, the said Partridge, as his trustee, in the Court of Common Pleas…
1Opinion of the CourtParker, C. J.
There is no doubt but the judgment, which is averred in the plea in bar, is a sufficient answer to the plaintiff’s demand, as to so much of the rent as the defendant might lawfully have been adjudged trustee of; unless the assignment mentioned in the replication should prevent the operation of that judgment in favor of the defendant. It may be necessary, therefore, to determine whether a sufficient legal assignment is so pleaded in the replication as to avoid the judgment averred in the plea in bar.
The subject matter of the assignment is a covenant to pay rent, which covenant is contained in…
2Cases cited8 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Mowry v. ToddMassachusetts Supreme Judicial Court · 1815
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
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3Cited by51 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- English v. KeySupreme Court of Alabama · 1863
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873
- People v. ArguelloCalifornia Supreme Court · 1869
- Sanders v. PartridgeMassachusetts Supreme Judicial Court · 1871
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