Shawmut National Bank v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to .assess damages for the taking of land by the respondent to widen Congress Street in Boston, the petitioner claiming to have a leasehold estate therein. Other petitions were subsequently filed by George D. Howe and others, trustees under the will of George Howe, the owners of the land in fee, and by William F. Lawrence claiming to have a leasehold estate therein.
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Petition to the Superior Court for a jury to .assess damages for the taking of land by the respondent to widen Congress Street in Boston, the petitioner claiming to have a leasehold estate therein. Other petitions were subsequently filed by George D. Howe and others, trustees under the will of George Howe, the owners of the land in fee, and by William F. Lawrence claiming to have a leasehold estate therein. Trial before Pitman, J., who, by consent of the parties, before verdict, reported the case for the consideration of this court, in substance as follows: On December 20, 1869, George Howe,…
1Opinion of the CourtMorton, J.
To entitle the Shawmut National Bank to maintain its petition, it must show that it had an estate or interest in the land taken by the city. At the time of the taking, the land was unoccupied, the building previously standing thereon having been entirely destroyed by fire. In December, 1869, Howe, the owner of the land and building, leased a portion of the building to the bank for the term of fifteen years from January 1, 1870. The decisive question in this case is whether the bank, by this lease, took any estate in the land which continued after the building was destroyed. The indenture of…
2Cases cited3 opinions
- Graves v. . BerdanNew York Court of Appeals · 1863
- McMillan v. SolomonSupreme Court of Alabama · 1868
- Ainsworth v. RittCalifornia Supreme Court · 1869
3Cited by22 opinions
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
- Harrington v. WatsonOregon Supreme Court · 1883
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
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