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Elisha Hume Brewster

United States District Court for the District of Massachusetts district Retired 1946 · served 1922–1946 Appointed by Warren G. Harding (Republican) 25 signed orders read

Judge Brewster no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Brewster decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Brewster treated conservation of bankruptcy-estate assets as a proper purpose for examination, while limiting inquiry into unrelated private affairs.

“If inquiry is sought for the purpose of conserving assets which have come into the hands of the trustee, the examination would be a proper one, provided it did not go into the private affairs of witnesses which in no way concerned the estate in bankruptcy.”

Brewster enforced express lease covenants after assignment rather than allowing the original lessee to shed its continuing obligations.

“Where a lessee makes an express covenant to pay rent, he cannot escape liability by assigning the remainder of the term.”

Procedural preferences

Brewster generally permitted voluntary dismissal before hearing unless the opposing party had acquired a substantive right beyond avoiding later litigation.

“The general rule is settled in the federal courts that a plaintiff possesses the unqualified right to dismiss his bill unless some plain legal prejudice will result to the defendant other than the mere prospect of a second litigation upon the subject matter.”

Brewster declined to resolve patent validity on a preliminary record when prior art and the Patent Office history required development at a final hearing.

“Whether the patent was invalid by reason of anticipation or want of invention are questions which cannot be properly determined until final hearing.”

Cautions

Brewster treated reliance on influential ex parte affidavits without a meaningful chance to challenge them as incompatible with a fair immigration hearing.

“the great weight of authority is to the effect that a hearing and record which incorporates ex parte affidavits which are considered by the board of review and apparently exert an influence upon the decision of the immigration authorities is not such a fair hearing as the alien is entitled to demand”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re McLellan Stores Co.
Motion to vacate examination order (proposed witnesses) Denied

“Plaintiff’s motion is overruled.”

In re White
Petition to review bankruptcy order (bankrupt and transferee) Denied

“The order of the referee is confirmed.”

In re United States Leatheroid & Rubber Co.
Petition to review disallowed claim (mortgage trustees) Denied

“The order of the referee, disallowing the claim, is affirmed.”

In re Hotel Charles Co.
Motion to modify injunction (City of Springfield) Denied

“The petition is denied.”

In re Lincoln Bakery, Inc.
Petition to establish mortgage lien (finance company) Denied

“The mortgage being void at its inception, for want of power in the officers to execute and deliver it, it follows that the order of the referee should be confirmed.”

O. B. Andrews Co. v. Packard Paper Box Co.
Motions to dismiss (defendants) Denied

“I therefore overrule the defendants’ motions to dismiss.”

Preliminary injunction (patent holder) Granted

“Therefore, a temporary injunction may issue as prayed for by the plaintiff.”

Elliott Addressing Mach. Co. v. New England Telephone & Telegraph Co.
Voluntary dismissal (plaintiff) Granted

“The plaintiffs motion to dismiss without prejudice is granted upon payment of costs.”

Golo Slipper Co. v. Glass & Fitzgerald Co.
Patent infringement claim (patent holder) Denied

“A decree may be entered dismissing plaintiff’s bill.”

Tepper v. Ross
Permanent injunction (patent holder) Granted

“The plaintiff may have an injunction, as prayed for.”

Accounting and damages (patent holder) Denied

“All other and further relief is denied.”

Bee Mach. Co. v. Freeman
Summary judgment (defendant) Granted

“A summary judgment in favor of the defendant may properly be entered. It is so ordered.”

Densmore v. Noyes Buick Co.
Motions to dismiss (defendant) Granted

“A decree may be entered dismissing the plaintiff’s bill of complaint.”

Schenck ex rel. Pate v. Ward
Habeas petition (alien) Granted

“Therefore the writ may issue.”

Caseload & timing

From public federal docket records for this judge.

No case-level docket record was returned for Brewster's 1922-1946 tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.

A historical record

Judge Brewster no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.