Hartwell v. Kelly
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in South-bridge, digging up the soil and removing a building. Trial in the First District Court of Southern Worcester, the judge of which allowed a bill of exceptions in substance as follows: In November, 1872, James P. Sullivan applied to the plaintiff for permission to occupy a part of the land described in the plaintiff’s declaration, for carrying on the business of marble and stone cutting.
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Tort for breaking and entering the plaintiff’s close in South-bridge, digging up the soil and removing a building. Trial in the First District Court of Southern Worcester, the judge of which allowed a bill of exceptions in substance as follows: In November, 1872, James P. Sullivan applied to the plaintiff for permission to occupy a part of the land described in the plaintiff’s declaration, for carrying on the business of marble and stone cutting. The plaintiff stated to him the conditions of occupancy, which were similar to those contained in the written lease hereinafter named. Sullivan, in…
1Opinion of the CourtAmes, J.
The bill of exceptions sets forth that Sullivan had permission to occupy a part of the plaintiff’s land, for the purpose of carrying on, the business of marble and stone cutting. The building was thereupon erected on the land with the plaintiff’s consent, with a right, by express agreement, on Sullivan’s part to remove it. It was therefore personal property, and rightfully mortgaged as such to the defendant. Hinckley v. Baxter, 13 Allen, 139. Howard v. Fessenden, 14 Allen, 124. Shaw v. Carbrey, 13 Allen, 462. Morris v. French, 106 Mass. 326. Ham v. Kendall, 111 Mass. 297. The plaintiff had…
2Cases cited4 opinions
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1867
- Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
- Chapman v. HarneyMassachusetts Supreme Judicial Court · 1868
- Ham v. KendallMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
- Cameron v. Oakland County Gas & Oil Co.Michigan Supreme Court · 1936
- Central Branch Railroad v. FritzSupreme Court of Kansas · 1878
- Harris v. HarrisMassachusetts Supreme Judicial Court · 1891
- Gafford Lumber & Grain Co. v. EavesSupreme Court of Kansas · 1923
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