Russell v. Allen
Massachusetts Supreme Judicial Court
Contract by the assignee of John T. P. Treat, an insolvent debtor, for rent. A trial by jury was waived in the superior court, and the case was heard and determined by Putnam, J., before whom the following facts were proved: Treat was the owner of a lease for years of a building on Cornhill, Boston, and underlet a portion thereof to the defendant, and afterwards executed an assignment of the lease which he held to F. A. Walker, who at the same time gave back an agreement in…
Read the full summary
Contract by the assignee of John T. P. Treat, an insolvent debtor, for rent. A trial by jury was waived in the superior court, and the case was heard and determined by Putnam, J., before whom the following facts were proved: Treat was the owner of a lease for years of a building on Cornhill, Boston, and underlet a portion thereof to the defendant, and afterwards executed an assignment of the lease which he held to F. A. Walker, who at the same time gave back an agreement in writing to reconvey the same upon payment of certain debts therein mentioned due to him from Treat. The defendant went…
1Opinion of the CourtMerrick, J.
It is conceded by the plaintiff that, if Walker had a right under the assignment of the leases from Treat to the defendant to demand and recover the sums of money due for rent which he received, this action cannot be maintained, and consequently that the ruling of the presiding judge at the trial must be sustained. And of this there appears to be no room for doubt. It has long been well settled that a mortgagee, upon giving notice to a tenant in possession of mortgaged premises under a lease for years given prior to the mortgage, is entitled to all rent accruing and becoming due subsequently…
2Cases cited3 opinions
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Burbage v. SquiresCourt of Appeals of Kentucky · 1860
3Cited by1 opinion
- Beach v. Beach Hotel CorporationSupreme Court of Connecticut · 1931