Warren v. Lyons
Massachusetts Supreme Judicial Court
Bill in equity, under the Pub. Sts. c. 136, § 29, against the residuary devisees and legatees under the will of John Nagle, upon his guaranty of a lease. Holmes, J. reserved the case for the consideration of the full court,, in substance as follows.
Read the full summary
Bill in equity, under the Pub. Sts. c. 136, § 29, against the residuary devisees and legatees under the will of John Nagle, upon his guaranty of a lease. Holmes, J. reserved the case for the consideration of the full court,, in substance as follows. The lease, which was dated April 21, 1882, and given by the plaintiff to one Patrick Dacey, covered premises consisting of a store in Boston, and was for the term of five years from May 1, 1882, reserving rent at the rate of twelve hundred dollars yearly for the first four years, and thirteen hundred dollars yearly for the fifth year, by equal…
1Opinion of the CourtW. Allen, J.
The defendants’ testator, John Nagle, in consideration of the execution of the lease, guaranteed the payment of the rents in the manner therein mentioned. The lease provided for the payment of a certain rent during the term. No question arises in regard to this. It also provided for the payment of rent at the same rate for such further time as the lessee should hold the premises. If the lessee held over under no other agreement than was contained in the lease, he would be a tenant at sufferance; and the covenant which he made, and which Nagle guaranteed, was in effect that he would pay rent…
2Cases cited4 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Dobbin v. BradleyNew York Supreme Court · 1837
- Emmons v. ScudderMassachusetts Supreme Judicial Court · 1874
- Rice v. LoomisMassachusetts Supreme Judicial Court · 1885
3Cited by25 opinions
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Provident Co-Operative Bank v. James Talcott, Inc.Massachusetts Supreme Judicial Court · 1970
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Ames v. BealMassachusetts Supreme Judicial Court · 1933
- Stern v. SawyerSupreme Court of Vermont · 1905
20 more not listed; retrieve them via the Exa API.