Podren v. Macquarrie
Massachusetts Supreme Judicial Court
Tort, later by amendment, Tort or contract, for damages resulting from an alleged wrongful eviction of the plaintiff from premises owned by the defendant and alleged to have been rightfully in the possession of the plaintiff as lessee. Writ dated January 29, 1916. In the Superior Court, the case was tried before Jenney, J. The material evidence is described in the opinion. The judge denied a motion of the defendant that a verdict be ordered in her favor.
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Tort, later by amendment, Tort or contract, for damages resulting from an alleged wrongful eviction of the plaintiff from premises owned by the defendant and alleged to have been rightfully in the possession of the plaintiff as lessee. Writ dated January 29, 1916. In the Superior Court, the case was tried before Jenney, J. The material evidence is described in the opinion. The judge denied a motion of the defendant that a verdict be ordered in her favor. The judge by agreement of the parties submitted the case to the jury with the understanding that, if the jury found for the plaintiff, the…
1Opinion of the CourtCarroll, J.
The defendant made a written lease of the entire building numbered 75 and 77 Broad Street, Boston, to Fred L. Hewitt, for the term of five years beginning March 1, 1913. The lease provided that it was not to be assigned without the consent of the lessor in writing, and the right was reserved to enter for breach of the covenants and repossess the estate “ as of the lessor’s former estate and expel the lessee and those claiming under the lessee.” Hewitt became trustee of the Briggs Trust, so called, under a written declaration of trust, and “ as trustee, but not individually” executed a lease…
2Cases cited10 opinions
- Emery v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1901
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
- Smith v. AbbottMassachusetts Supreme Judicial Court · 1915
- Graves v. GoldthwaitMassachusetts Supreme Judicial Court · 1891
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3Cited by5 opinions
- Tage II Corp. v. Ducas (U.S.) Realty Corp.Massachusetts Appeals Court · 1984
- Freiburger v. Texas Co.Wisconsin Supreme Court · 1934
- Lennox v. HaskellMassachusetts Supreme Judicial Court · 1925
- United States v. FornessDistrict Court, W.D. New York · 1941
- Ahmed & Cesare, Inc. v. Watertown Arsenal AssociatesMassachusetts Appeals Court · 1990