Love Wife v. Howard Waterman v. Same
Supreme Court of Rhode Island
These were actions of debt, brought by the plaintiffs, claiming as interested, jointly with others, in the reversion ofthe Howard Building estate in Westminster Street, Providence, against the defendant, as lessee of said estate, to recover of him under the covenants of his lease, certain assessments levied by the city of Providence, upon their interest in said estate, for the benefits by them received from the laying out and opening of Dorrance Street.
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These were actions of debt, brought by the plaintiffs, claiming as interested, jointly with others, in the reversion ofthe Howard Building estate in Westminster Street, Providence, against the defendant, as lessee of said estate, to recover of him under the covenants of his lease, certain assessments levied by the city of Providence, upon their interest in said estate, for the benefits by them received from the laying out and opening of Dorrance Street. The declarations, in' substance, set forth the lease of the premises to the defendant by Richard Waterman, of Coventry, under whom the…
1Opinion of the CourtBrayton, J.
It is objected to this declaration, that it shows no cause of action in this, that although it sets forth the covenant made by the defendant, yet that the assessment alleged, and for non-payment of which the defendant is now sought to ,be charged, is not, upon a proper construction of the covenant, within its terms and intent; that, as it was for a permanent improvement of the estate, was extraordinary in its character, and not in use at the time the covenant was made, it could not have been in the contemplation of the parties.
The defendant’s covenant is, that he will pay, or cause to be…
2Cases cited1 opinion
- Mayor of New-York v. CashmanNew York Supreme Court · 1813