Borden v. Sackett
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, to recover possession of certain premises in Fall River for the non-payment of rent. At the trial in the Superior Court, before Pitman, J., the plaintiff testified that he was tenant at will of one James Anthony, the owner of the premises, that he sub-let to the defendant; that there was an agreement between himself and the defendant that the defendant should pay the rent to Anthony monthly; that for three months previous to the service upon…
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Action on the Gen. Sts. c. 137, to recover possession of certain premises in Fall River for the non-payment of rent. At the trial in the Superior Court, before Pitman, J., the plaintiff testified that he was tenant at will of one James Anthony, the owner of the premises, that he sub-let to the defendant; that there was an agreement between himself and the defendant that the defendant should pay the rent to Anthony monthly; that for three months previous to the service upon him of the notice to quit, the defendant had paid rent neither to the plaintiff nor to Anthony, but that he himself had…
1Opinion of the CourtDevens, J.
It is well settled that the estate of a tenant at will is not assignable, and that if the tenant makes an actual grant of his estate, that terminates the tenancy. Cooper v. Adams, 6 Cush. 87, 90. Clark v. Wheelock, 99 Mass. 14. But the question whether the sub-letting by the plaintiff in this process, who was himself the tenant at will of James Anthony, amounted to an assignment of his interest and thereby terminated his tenancy, is not before us, as no such question was raised at the trial.
While the defendant was in occupation under his agreement with the plaintiff, the plaintiff made an…
2Cases cited1 opinion
- Clark v. WheelockMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Knight v. BlackCalifornia Court of Appeal · 1912
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Ralph v. LomerWashington Supreme Court · 1891
- Johnson & Kettell Co. v. Longley Luncheon Co.Massachusetts Supreme Judicial Court · 1910
- Peterson v. KreugerSupreme Court of Minnesota · 1897
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