Nelson Theatre Co. v. Nelson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 31, 1909, and afterwards amended, against George D. Nelson and the William Fox Amusement Company, a corporation.
Read the full summary
Bill in equity, filed in the Superior Court on March 31, 1909, and afterwards amended, against George D. Nelson and the William Fox Amusement Company, a corporation. The plaintiff alleged in substance as follows: On July 24, 1906, the defendant Nelson and one Emma G. Vinton leased the Nelson Theatre in Springfield to the Shubert Theatrical Company for five years, the lease containing a covenant by the lessee that it would not assign the lease nor underlet the premises without the consent in writing of the lessors, and a provision that, should any material condition of the lease be violated,…
1Opinion of the CourtBraley, J.
The denial of the defendants’ anomalous motion to dismiss the amended or substitute bill because it did not state a case for equitable relief, and the overruling of their objections to the allowance of the amended bill, which was purely dis*33cretionary with the presiding judge, not having been argued, require no further comment. But, as the substantial grounds of the motion were embodied in the demurrer, the disposition of which is shown only by the docket entry "demurrer overruled,” the first question is, whether the defendants’ appeal, which appears to have been seasonably taken, is properly…
2Cases cited32 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
27 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Foreign Auto Import, Inc. v. Renault Northeast, Inc.Massachusetts Supreme Judicial Court · 1975
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
- Ricky Smith Pontiac, Inc. v. Subaru of New England, Inc.Massachusetts Appeals Court · 1982
39 more not listed; retrieve them via the Exa API.