Steese v. Johnson
Cases that cite this one
4 later published cases cite this decision.
- Ryan v. Sylvester (Mass. 1970)
- St. Paul Manor, Inc. v. Golburgh (Mass. 1967)
- Broad-Bridge Corp. v. Dulchinos (Massachusetts District Court 1949)
- Ashkenazy v. O'Neill (Mass. 1929)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There was evidence that the notice was served by leaving an attested copy with some one on the demised premises, which were occupied by the defendant. In such a case it is well settled that, if the person to whom the notice was given was the wife or servant of the defendant, the service was sufficient on the ground that that fact would furnish presumptive evidence that the defendant received the notice. Walker v. Sharpe, 103 Mass. 154. Grundy v. Martin, 143 Mass. 279. Jones v. Marsh, 4 T. R. 464. We think that there was evidence on which the jury were justified in finding that the woman to whom the notice was given was the wife or servant of the defendant. It also appears from the officer’s return on the notice that it was served by leaving an attested copy at the defendant’s last and usual place of abode, that is, at his dwelling-house. In such a case it is likewise settled that giving the notice to the defendant’s wife or servant constitutes a sufficient service. 2 Greenl. Ev. § 324.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.