(DOWNLOAD) "Mescall v. Somerset Sav. Bank (Two Cases)" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Mescall v. Somerset Sav. Bank (Two Cases)
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 10, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
RONAN, Justice. The plaintiff in the first case sought to recover damages on the first count of her declaration for injury to personal property, on the second count for assault and battery, and on the third count for injuries to her feelings arising from an alleged unlawful eviction. The jury returned a verdict on the first count in the sum of $1, and on the second count a verdict of $5,000, of which, by order of the Judge, made upon the defendant's motion for a new trial, the plaintiff has remitted $3,500. The Judge directed a verdict for the defendant upon the third count and reported his decision to this court. The plaintiff in the second case, hereinafter referred to as the tenant, is the husband of the plaintiff in the first case; he recovered a verdict of $1 for damage to property and $400 for damages on account of the eviction. Besides the report, the cases are here upon exceptions saved by the defendant to the admission of evidence, to the refusal of the Judge to grant certain requests, and to portions of the instructions to the jury. The defendant contends that the eviction was lawful because it followed a fourteen days' notice to quit given in the last part of December, 1934, or the early part of January, 1935, on account of the tenant being in arrears in rent; that the defendant had leased the premises on February 5, 1935, to Noyes who gave reasonable notice to the tenant to vacate; and that Noyes as lessee, and not as agent of the defendant, evicted the tenant.