Randall v. Rich
Massachusetts Supreme Judicial Court
Assumpsit for money had and received by the defendant to the use of the plaintiff. The cause was tried on the general issue before the present chief justice, at the sittings here after October term, 1812. The evidence was, that the plaintiff, having hired a dwelling-house of the defendant, in October, 1808, for one year, according to an agreement under seal, in order to secure the rent which might fall due, assigned to the defendant a promissory note of one Amos Wñgh‘ for…
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Assumpsit for money had and received by the defendant to the use of the plaintiff. The cause was tried on the general issue before the present chief justice, at the sittings here after October term, 1812. The evidence was, that the plaintiff, having hired a dwelling-house of the defendant, in October, 1808, for one year, according to an agreement under seal, in order to secure the rent which might fall due, assigned to the defendant a promissory note of one Amos Wñgh‘ for 183 dollars 75 cents, with interest; that the plaintiff occupied the said house two quarters and part of the third…
1Opinion of the CourtParker, C. J.
Several objections have been made to the verdict in this case, neither of which, we think, can prevail.
The first is, that, as the contract for the use and occupation of the house was under the hand and seal of Rich, the lessor, the mere act of taking the key when Randall left it, and even the putting in of another tenant without the advice * or [ * 496 ] assent of Randall, could not operate in any way to discharge the contract, but that Mrs. Cooper was an undertenant of Randall, he being answerable to Rich for the rent until the end of the term.
We do not now inquire whether the strict…
2Cases cited1 opinion
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
3Cited by27 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Caruso v. ShelitMassachusetts Supreme Judicial Court · 1933
- Ralston v. WoodIllinois Supreme Court · 1853
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
- Watson v. PennIndiana Supreme Court · 1886
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