Winnisimmet Trust, Inc. v. Libby
Massachusetts Supreme Judicial Court
Contract for rent alleged to be due to the plaintiff upon December 2,1916, and January 2 and February 2,1917, as assignee of the rent from the lessor of premises known as the “Dream Theatre” in that part of Saugus known as Cliftondale, of which the defendants were lessees.
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Contract for rent alleged to be due to the plaintiff upon December 2,1916, and January 2 and February 2,1917, as assignee of the rent from the lessor of premises known as the “Dream Theatre” in that part of Saugus known as Cliftondale, of which the defendants were lessees. Writ in the Municipal Court of the City of Boston dated February 10, 1917. At the trial in the Municipal Court it appeared that on March 2, 1916, the original owner of the premises, James S. Duval, let the premises by an instrument in writing to the defendants for the term of three years; that on April 27, 1916, Duval…
1Opinion of the CourtPierce, J.
This is an action of contract brought to recover certain rents reserved under a written lease given by the plaintiff’s assignor to the defendants. The defendants’ requests for rulings raise the question whether an assignment under seal, of rent to become due under a written lease for a term less than seven years after notice to the lessee, is effectual as against a subsequent purchaser of the lessor’s reversion without notice of the prior assignment.
When rent is reserved, it is incident, though not inseparably so, to the reversion. Co. Lit. 143 a, 151 b. The rent may be granted away reserving…
2Cases cited4 opinions
- Toupin v. PeabodyMassachusetts Supreme Judicial Court · 1895
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
- Beal v. Boston Car Spring Co.Massachusetts Supreme Judicial Court · 1878
- Shaughnessey v. LearyMassachusetts Supreme Judicial Court · 1894
3Cited by26 opinions
- Callahan v. MartinCalifornia Supreme Court · 1935
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- DiMarzo v. S. & P. REALTY CORP.Massachusetts Supreme Judicial Court · 1974
- Valley National Bank of Ariz. v. Avco Develop. Co.Court of Appeals of Arizona · 1971
- Burke v. WillardMassachusetts Supreme Judicial Court · 1923
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