Hooper v. Farnsworth
Massachusetts Supreme Judicial Court
Contract upon an account annexed, for money had and received, being the amount of over-paid taxes assessed from 1864 to 1877 on premises leased by the plaintiffs of the defendants, Writ dated June 13, 1879. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on an agreed statement of facts in substance as follows: The plaintiffs and defendants entered into an indenture of lease, by which the plaintiffs hired of the…
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Contract upon an account annexed, for money had and received, being the amount of over-paid taxes assessed from 1864 to 1877 on premises leased by the plaintiffs of the defendants, Writ dated June 13, 1879. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on an agreed statement of facts in substance as follows: The plaintiffs and defendants entered into an indenture of lease, by which the plaintiffs hired of the defendants the “ store numbered 120 and 122 State Street, Boston,” for the term of five years from April 1, 1864, at the…
1Opinion of the Court
By the Court.
The lease of the “store ” included the land under it and to the middle of the private way adjoining. Rogers v. Snow, 118 Mass. 118. Gear v. Barnum, 37 Conn. 229. Boston v. Richardson, 13 Allen, 146,154. Smith v. Howden, 14 C. B. (N. S.) 398. The whole of that land was rightly taxed, and the plaintiffs were bound by their covenant to pay the tax thereon.
Judgment affirmed.
2Cases cited2 opinions
- Rogers v. SnowMassachusetts Supreme Judicial Court · 1875
- Gear v. BarnumSupreme Court of Connecticut · 1870
3Cited by9 opinions
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Wit v. Commercial Hotel Co.Massachusetts Supreme Judicial Court · 1925
- Bachenheimer v. Palm Springs Management Corp.California Court of Appeal · 1953
- Crabtree v. MillerMassachusetts Supreme Judicial Court · 1907
- LaCouture v. RenaudMassachusetts Supreme Judicial Court · 1949
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