Legal Opinion

Richmond v. Kelsey

Massachusetts Supreme Judicial Court

Decided November 28, 1916PublishedCited by 7 opinions

Contract by the assignee of the lessor of real estate against the lessee with a declaration in two counts, the first count setting forth an alleged breach of a covenant of the lease as to payment for insurance, and the second count being upon an account annexed. Writ in the Municipal Court of the City of Boston dated July 9, 1915. The evidence at the trial in the Municipal Court is described in the opinion.

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Contract by the assignee of the lessor of real estate against the lessee with a declaration in two counts, the first count setting forth an alleged breach of a covenant of the lease as to payment for insurance, and the second count being upon an account annexed. Writ in the Municipal Court of the City of Boston dated July 9, 1915. The evidence at the trial in the Municipal Court is described in the opinion. There was a finding for the plaintiff in the principal sum of $137.50, and at the request of the defendant the case was reported to the Appellate Division. The report was dismissed, and…

1Opinion of the CourtPierce, J.

This is an action by an assignee of a lessor against the lessee upon a covenant contained in an indenture of lease, which, so far as is material to the issue now presented, reads: “And the said lessee hereby covenants and promises with and to the said lessor that he will during said term, and for such further time as the said lessee or any other person or persons claiming under him, shall hold the said premises or any part thereof, pay unto the lessor the said yearly rent upon the days hereinbefore appointed for the payment thereof, and also all the taxes, insurance and assessments…

2Cases cited3 opinions

  1. Dodd v. JonesMassachusetts Supreme Judicial Court · 1884
  2. Adams v. North American InsuranceMassachusetts Supreme Judicial Court · 1912
  3. Sherwood v. HarralSupreme Court of Connecticut · 1872

3Cited by7 opinions

  1. Norfolk & Dedham Mutual Fire Insurance Company v. MorrisonMassachusetts Supreme Judicial Court · 2010
  2. Great Northern Insurance v. Paino AssociatesDistrict Court, D. Massachusetts · 2005
  3. Kimball v. MaddisonMassachusetts Supreme Judicial Court · 1934
  4. Evans v. SackMassachusetts Supreme Judicial Court · 1946
  5. Spurlock v. SpurlockSupreme Court of Alabama · 1978

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