O'Connor v. Hallinan
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, for possession of a tenement in Cambridge. Trial and verdict for the plaintiff, in the superior court, before Rockwell, J., who allowed a bill of exceptions of which this is the material part: The defendant contending that he was lawfully in possession of the land by virtue of a contract of lease made with the plaintiff, “the plaintiff offered evidence tending to prove that the rent was in arrear, and that fourteen days’ notice was given the…
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Action on the Gen. Sts. c. 137, for possession of a tenement in Cambridge. Trial and verdict for the plaintiff, in the superior court, before Rockwell, J., who allowed a bill of exceptions of which this is the material part: The defendant contending that he was lawfully in possession of the land by virtue of a contract of lease made with the plaintiff, “the plaintiff offered evidence tending to prove that the rent was in arrear, and that fourteen days’ notice was given the defendant to quit. The plaintiff had testified that the contract was made with the husband, both the husband and wife…
1Opinion of the CourtMorton, J.
In this case the contract in issue and on trial was the contract by which the plaintiff leased to the defendant the land in question. The plaintiff’s right to maintain his action depended upon the question whether by the terms of this contract rent was in arrear at the time he gave the defendant notice to quit. If this contract was made with the wife of the defendant in his absence, she was a competent witness under the provisions of the St. of 1865, c. 207, § 2. If it was not made with her in her husband’s absence, she was not a competent witness. The plaintiff testified that .the contract…
2Cases cited1 opinion
- Commonwealth v. MorrellMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. TatisosMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. ReaganMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1880
- Coghlan v. WhiteMassachusetts Supreme Judicial Court · 1920
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