From Casetext: Smarter Legal Research

Mathewson v. Thompson

Supreme Court of Rhode Island
Feb 22, 1879
12 R.I. 288 (R.I. 1879)

Opinion

February 22, 1879.

The "notice in writing" to terminate lettings required by Gen. Stat. R.I. cap. 221, is an original notice, not a copy of the notice. Hence when it appeared that the only notice received by the defendant was such a copy: Held, that no notice had been given.

EXCEPTIONS to a Special Court of Common Pleas.

William A. Champlain, for plaintiff.

B.N. . S.S. Lapham, for defendant.


This is an action to recover possession of a tenement let to the defendant as tenant from month to month. The only service of notice to quit was by leaving a copy of the notice with some person at the last and usual place of abode of the defendant. The court below ruled that the service was sufficient. The question brought up by the bill of exceptions is whether the ruling was correct. We think it was erroneous. The statute prescribes "notice in writing from the lessor or owner," to terminate the tenancy. The defendant does not appear to have had anything but a copy of such a notice. The service was an unofficial act, and therefore the defendant was under no obligation to accept the copy as authentic, the attestation being null. And the service cannot be legitimated on the ground of agency. Brahn v. Jersey City Forge Co. 38 N.J. Law, 74; Pickard v. Perley, 45 N.H. 188. The exceptions will therefore be sustained and a new trial granted.

Exceptions sustained.


Summaries of

Mathewson v. Thompson

Supreme Court of Rhode Island
Feb 22, 1879
12 R.I. 288 (R.I. 1879)
Case details for

Mathewson v. Thompson

Case Details

Full title:HARRIET MATHEWSON vs. WILLIAM B. THOMPSON

Court:Supreme Court of Rhode Island

Date published: Feb 22, 1879

Citations

12 R.I. 288 (R.I. 1879)

Citing Cases

Howland v. School District

We do not think the acceptance can have this effect, there being nothing to show that the appellant received…

Graboyes v. Shatz

Both the original and duplicate, however, were identical in every respect including the actual signature of…