Boston, Concord & Montreal Railroad v. Boston & Lowell Railroad
Supreme Court of New Hampshire
Thebe actions, originally entered in the trial term. The first and second are bills in equity, and the third is a real action. The first haying been removed to the circuit court of the United States, they were all entered and tried in the law term of this court, under the following agreement: Merrimack ss. Supreme Court.
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Thebe actions, originally entered in the trial term. The first and second are bills in equity, and the third is a real action. The first haying been removed to the circuit court of the United States, they were all entered and tried in the law term of this court, under the following agreement: Merrimack ss. Supreme Court. June Law Term, 1888. Boston, Concord & Montreal R. R. v. Boston & Maine R. R., Boston & Lowell R. R. It is agreed,— I. That the bill in equity (lease case, so called), now pending-in the United States circuit court, be at once remanded to the New Hampshire supreme court; that…
1Opinion
By the first lease, the plaintiff (the Montreal company) conveyed its railroad to the Lowell for the term of 99 years from June 1, 1884. The second lease, made by the Lowell to the Maine, and dated June 22, 1887, is for the term of 99 years from April 1, 1887. In the first lease the Lowell covenanted that it would operate the plaintiff's road during the term, and would not assign or underlet it, or part with the possession of it, except with the plaintiff's written consent; and that if the Lowell violated any of its covenants, the plaintiff might enter upon and take possession of the road,…
2Cases cited22 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Jackson ex rel. Stevens v. SilvernailNew York Supreme Court · 1818
- Quackenboss v. ClarkeNew York Supreme Court · 1834
- Walker v. WalkerSupreme Court of New Hampshire · 1885
- Jackson ex dem. Schuyler v. CorlissNew York Supreme Court · 1811
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