Elisha Hume Brewster
How Judge Brewster rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Brewster no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Brewster
Elisha Hume Brewster was a judge of the United States District Court for the District of Massachusetts. Appointed by President Warren G. Harding, Judge Brewster received a commission on September 22, 1922. Judge Brewster assumed senior status on October 14, 1941 and served until death on April 29, 1946.
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
In Elliott Addressing Machine Co. v. New England Telephone & Telegraph Co., he granted voluntary dismissal without prejudice upon payment of costs, finding that completed pleadings and deposition expenses did not establish legal prejudice.
“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.
“Plaintiff’s motion is overruled.”
“The order of the referee is confirmed.”
“The order of the referee, disallowing the claim, is affirmed.”
“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.”
“I therefore overrule the defendants’ motions to dismiss.”
“Therefore, a temporary injunction may issue as prayed for by the plaintiff.”
“The plaintiffs motion to dismiss without prejudice is granted upon payment of costs.”
“A decree may be entered dismissing plaintiff’s bill.”
“The plaintiff may have an injunction, as prayed for.”
“All other and further relief is denied.”
“A summary judgment in favor of the defendant may properly be entered. It is so ordered.”
“A decree may be entered dismissing the plaintiff’s bill of complaint.”
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 here. If you're preparing for a matter, start from the court's current bench.