Legal Opinion

Fillebrown v. Hoar

Massachusetts Supreme Judicial Court

Decided June 29, 1878PublishedCited by 31 opinions

Tort against Reuben S. Hoar and Wallace Handley, for breaking and entering the plaintiff’s close and ejecting bis goods and family.

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Tort against Reuben S. Hoar and Wallace Handley, for breaking and entering the plaintiff’s close and ejecting bis goods and family. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows : The close in question consisted of a house, barn and land, which the plaintiff occupied as the tenant of the defendant Hoar, under a written lease under seal, for the term of one year from May 1, 1875, which provided that the lessee should pay $48 a year rent, in equal quarterly payments, beginning on August 1, 1875; and that in case of a breach of any of…

1Opinion of the CourtSoule, J.

The eviction of a tenant from the demised premises, either by the landlord or by title paramount, is a bar to the recovery of rent reserved. Morse v. Goddard, 13 Met. 177. His eviction by the landlord from a part of the premises suspends the entire rent while the eviction continues. Leishman v. White, 1 Allen, 489. Royce v. Guggenheim, 106 Mass. 201. Colburn v. Morrill, 117 Mass. 262. His eviction by title paramount from a part of the premises is a bar pro tanto only, the rent being apportionable. 3 Kent Com. (12th ed.) 464. Fitchburg Cotton Manuf. Co. v. Melven, 15 Mass. 268. The ruling on…

2Cases cited5 opinions

  1. Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
  2. Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
  3. Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
  4. Colburn v. MorrillMassachusetts Supreme Judicial Court · 1875
  5. Morrill v. De la GranjaMassachusetts Supreme Judicial Court · 1868

3Cited by31 opinions

  1. Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
  2. Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
  3. Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
  4. Massachusetts Commission Against Discrimination v. FranzaroliMassachusetts Supreme Judicial Court · 1970
  5. Nelson v. CrawfordMichigan Supreme Court · 1899

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