Collins v. Pratt
Massachusetts Supreme Judicial Court
Contract by a lessee against the administrator of the estate of his assignee of the lease to recover rent and costs paid by the plaintiff in an action brought against him by the lessors. Writ dated November 3, 1899. The answer contained a general denial and also set up the statute of frauds.
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Contract by a lessee against the administrator of the estate of his assignee of the lease to recover rent and costs paid by the plaintiff in an action brought against him by the lessors. Writ dated November 3, 1899. The answer contained a general denial and also set up the statute of frauds. At the trial in the Superior Court before Stevens, J., without a jury, the defendant requested the judge to rule, that the mere acceptance by the defendant’s intestate of an assignment of the lease, whether the assignment was under seal or not, in the absence of any evidence that the defendant’s intestate…
1Opinion of the CourtLathrop, J.
The right of the plaintiff to recover in this action depends upon whether the lessor of the plaintiff could have maintained an action against the defendant’s intestate, who was *346the assignee of the lease by an assignment under seal, and who did not enter upon the land.
It must be considered as settled law in England that an assignee of a lease who has accepted it is liable for rent, whether he has entered into possession or not. Pilkington v. Shaller, 2 Vern. 374. Stone v. Evans, Peake, Add. Cas. 94. Williams v. Bosanquet, 1 Brod. & Bing. 238, where the matter is elaborately discussed by…
2Cases cited2 opinions
- Sanders v. PartridgeMassachusetts Supreme Judicial Court · 1871
- Simonds v. TurnerMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
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- Kirby v. GoldmanMassachusetts Supreme Judicial Court · 1930
- Rainault v. EvartsMassachusetts Supreme Judicial Court · 1937
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