Kites v. Church
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, in two items, the first item being, “ To three years’ rent of undivided half of store from March 21, 1880, to March 21, 1883, at $150 per year, $450; ” and the second item being, “ To cash paid for taxes for 1882 on the defendant’s undivided half of store property, $22.10.” Trial in the Superior Court, before Baeon, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence, and was admitted, that the plaintiff…
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Contract, upon an account annexed, in two items, the first item being, “ To three years’ rent of undivided half of store from March 21, 1880, to March 21, 1883, at $150 per year, $450; ” and the second item being, “ To cash paid for taxes for 1882 on the defendant’s undivided half of store property, $22.10.” Trial in the Superior Court, before Baeon, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence, and was admitted, that the plaintiff and the defendant were tenants in common of certain real estate in Huntington, on which was a store occupied by the…
1Opinion of the CourtField, J.
The plaintiff may recover of the defendant one half of the amount of the tax paid. The Pub. Sts. e. 11, § 18, give the right of action, and, independently of the statute, it is probable that an action would lie, because the tax was a lien upon the land which both tenants were equally bound to discharge. Dickinson v. Williams, 11 Cush. 258. The law regards one half of the money paid to discharge this lien as money paid at the request of the defendant and for his use, and it can be recovered in an action upon an account annexed. Nichols v. Bucknam, 117 Mass. 488. Bowen v. South Building, 137…
2Cases cited4 opinions
- Nichols v. BucknamMassachusetts Supreme Judicial Court · 1875
- McKay & Blakeslee v. MumfordNew York Supreme Court · 1833
- Rice v. LoomisMassachusetts Supreme Judicial Court · 1885
- Bowen v. Proprietors of the South BuildingMassachusetts Supreme Judicial Court · 1884
3Cited by14 opinions
- Hanrick v. GurleyTexas Supreme Court · 1900
- Howland v. StoweMassachusetts Supreme Judicial Court · 1935
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Ducker v. DuckerMassachusetts District Court, Appellate Division · 1997
- Dewing v. DewingMassachusetts Supreme Judicial Court · 1896
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