J. H. Gerlach Co. v. Noyes
Massachusetts Supreme Judicial Court
Tort for the conversion of eight bowling alleys, John P. Magann and Frank C. Magann, co-partners doing business under the firm name and style of J. Magann and Company, originally being plaintiffs, and G. H. Gerlach Company, Inc., their assignee, by amendment being substituted as plaintiff bringing the action in behalf of and for the benefit of J. P. Magann and Company.
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Tort for the conversion of eight bowling alleys, John P. Magann and Frank C. Magann, co-partners doing business under the firm name and style of J. Magann and Company, originally being plaintiffs, and G. H. Gerlach Company, Inc., their assignee, by amendment being substituted as plaintiff bringing the action in behalf of and for the benefit of J. P. Magann and Company. Writ dated December 16, 1916. In the Superior Court, the action was tried before Bishop, J. Material evidence and exceptions saved by the defendant are described in the opinion. The jury found for the plaintiff in the sum of…
1Opinion of the CourtCarroll, J.
By a written instrument dated July 16, 1915, the defendant leased to Peterson and Steele certain premises for the term of five years beginning October. 1, 1915. The lease provided: “It is agreed between the parties hereto that any and all alleys which may be constructed by or for the party of the second part [Peterson and Steele^ in and upon said premises shall be deemed to be and be affixed to the realty and shall not be removed therefrom except upon the written order of the Lessor.” In January or February, 1916, Peterson and Steele, hereafter called the tenants, entered into possession of…
2Cases cited19 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
- Stone v. LivingstonMassachusetts Supreme Judicial Court · 1915
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
- J. H. Gerlach Co. v. NoyesMassachusetts Supreme Judicial Court · 1925
- Automatic Sprinkler Corp. v. RosenMassachusetts Supreme Judicial Court · 1927
- Gardner v. Buckley & Scott, Inc.Massachusetts Supreme Judicial Court · 1932
- American Soda Fountain Co. v. ParsonsCourt of Appeals for the First Circuit · 1929
3 more not listed; retrieve them via the Exa API.