Ainsworth v. Mount Moriah Lodge, Ancient, Free, & Accepted Masons
Massachusetts Supreme Judicial Court
Tort, against Mount Moriah Lodge, Ancient, Free, and Accepted Masons, described as a corporation, Olin C. Towle, George W. Waterman, and Stephen B. Cook, trustees of the same, for injury caused to the plaintiff’s property by the fall of a wall of a building.
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Tort, against Mount Moriah Lodge, Ancient, Free, and Accepted Masons, described as a corporation, Olin C. Towle, George W. Waterman, and Stephen B. Cook, trustees of the same, for injury caused to the plaintiff’s property by the fall of a wall of a building. At the trial in the Superior Court, before Maynard, J., it appeared that the plaintiff occupied a store in a two-story wooden building in Westfield; that the individual defendants were the successors in office of the lessees in a lease of a portion of a three-story brick building adjacent to that occupied by the plaintiff; that the first…
1Opinion of the CourtHammond, J.
In order to hold Towle, Waterman, and Cook, hereinafter called the defendants, it was necessary for the *258plaintiff to show that at the time the wall fell the defendants had an interest in the building; and on this point his only-claim was that they, as successors of the lessees named in the lease from Horton and others to Lewis and others, were at that time the holders of the leasehold estate thereby created, and that the estate was then outstanding.
One of the answers made by the defendants to this claim was that the leasehold estate was terminated by the ravages of the fire and consequently…
2Cited by7 opinions
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Union National Bank v. NesmithMassachusetts Supreme Judicial Court · 1921
- Carlisle v. WeiscopfMassachusetts Supreme Judicial Court · 1921
- Paxson & Comfort Co. v. PotterSuperior Court of Pennsylvania · 1906
- Post v. BrownTennessee Supreme Court · 1919
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