Mirick v. Hoppin
Massachusetts Supreme Judicial Court
Contract for use and occupation of a shop and land in Worcester from June 1 to September 1,1874, with a count setting forth that Michael Quinn, prior to Februry 21,1874, made a lease of the shop to the defendant at a certain rent, and that the lease was still in force; that, on said February 21, Quinn mortgaged the estate to R. C. Taylor, who assigned the mortgage to the plaintiff; that on June 1, 1874, the plaintiff took possession of the estate under the mortgage, and…
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Contract for use and occupation of a shop and land in Worcester from June 1 to September 1,1874, with a count setting forth that Michael Quinn, prior to Februry 21,1874, made a lease of the shop to the defendant at a certain rent, and that the lease was still in force; that, on said February 21, Quinn mortgaged the estate to R. C. Taylor, who assigned the mortgage to the plaintiff; that on June 1, 1874, the plaintiff took possession of the estate under the mortgage, and notified the defendant to pay rent; that the defendant agreed to pay the plaintiff rent under the lease; and that the…
1Opinion of the CourtEndicott, J.
The defendant was the lessee of the premises under a lease from Michael Quinn. After the execution of the lease, Quinn mortgaged the premises to Taylor, who assigned the mortgage to the plaintiff. There was evidence that the plaintiff, by his attorney Knight, entered upon the premises with Quinn for the purpose of taking possession under the mortgage. Knight notified the defendant of this entry, and also that he must pay the rent to him as attorney for the plaintiff, and the defendant afterward paid a month’s rent to Knight.
A mortgagee, upon giving notice to a tenant in possession under a…
2Cases cited3 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- De Witt v. PiersonMassachusetts Supreme Judicial Court · 1873
- Colburn v. MorrillMassachusetts Supreme Judicial Court · 1875
3Cited by11 opinions
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Bartlett v. FarringtonMassachusetts Supreme Judicial Court · 1876
- Powell v. MerrillSupreme Court of Vermont · 1918
- Smith v. McEnanyMassachusetts Supreme Judicial Court · 1897
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