Knowles v. Hull
Massachusetts Supreme Judicial Court
Two actions, commenced October 2,1867, under the Gen. Sts. c. 90, § 25, (by which tenants at sufferance are made liable to pay rent during the time of their occupation,) for the use and occupation of a shop in Westfield ; the first, from April 3,1866, to January 1, 1867; the second, from January 8,1867, to October 1,1867; tried together in the superior court, before Lord, J., without a jury, and reported by him, for the determination of this court, in substance as follows:…
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Two actions, commenced October 2,1867, under the Gen. Sts. c. 90, § 25, (by which tenants at sufferance are made liable to pay rent during the time of their occupation,) for the use and occupation of a shop in Westfield ; the first, from April 3,1866, to January 1, 1867; the second, from January 8,1867, to October 1,1867; tried together in the superior court, before Lord, J., without a jury, and reported by him, for the determination of this court, in substance as follows: On April 1, 1863, the Central Baptist Society in Westfield leased to John S. Hull, the defendant’s husband, the basement…
1Opinion of the CourtHoar, J.
The defendant, being a married woman, could make no contract for the use and occupation of real estate, unless as ,ier sole and separate property, or under her statute power to carry on business on her own separate account. She coulu *565derive no title to it by a contract with her husband. She made no contract with the plaintiffs, but occupied, and always claimed to occupy, under her husband, denying the plaintiffs’ title.
These considerations are decisive of the case. The plaintiffs seek to charge her for rent as a tenant at sufferance, under the Gen. Sts. c. 90, § 25. But she was never their…
2Cases cited1 opinion
- Knowles v. HullMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Wood v. . WoodNew York Court of Appeals · 1881
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Burke v. WillardMassachusetts Supreme Judicial Court · 1923
- Commercial Wharf Corp. v. City of BostonMassachusetts Supreme Judicial Court · 1911
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