Watriss v. First National Bank of Cambridge
Massachusetts Supreme Judicial Court
Contract for breach of a covenant contained in a written lease given by the plaintiff to the defendant, by which the lessee agreed “ to quit and deliver up the premises to the lessor or her attorney peaceably and quietly at the end of the term, in as good order and condition .... as the same now are.” The breach complained of was the taking down and removal of a fire-prool safe and vault, a furnace with pipes and flues, and certain counters.
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Contract for breach of a covenant contained in a written lease given by the plaintiff to the defendant, by which the lessee agreed “ to quit and deliver up the premises to the lessor or her attorney peaceably and quietly at the end of the term, in as good order and condition .... as the same now are.” The breach complained of was the taking down and removal of a fire-prool safe and vault, a furnace with pipes and flues, and certain counters. The answer contained a general denial, and alleged that the defendant owned the property removed. Trial in this court, before Ames, J., who reported the…
1Opinion of the CourtEndicott, J.
It is stated in the report that the Harvard Bank, soon after taking possession of the premises under the lease of January 1, 1861, put in a counter, a portable furnace with its necessary connections, and a fire-proof safe or vault, for the removal of which, in 1875, this action is brought. In 1864, the Harvard Bank was organized as the First National Bank of Cambridge. No question is made that all the proceedings were according to law. The right to the personal property of the old *574bank passed therefore to the defendant upon the execution of the necessary papers and the approval of the proper…
2Cases cited8 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Loughran v. . RossNew York Court of Appeals · 1871
- Atlantic National Bank v. HarrisMassachusetts Supreme Judicial Court · 1875
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
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3Cited by33 opinions
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- Cawley v. JeanMassachusetts Supreme Judicial Court · 1914
- Carlin v. RitterCourt of Appeals of Maryland · 1888
- Looney v. Trimount Theatres, Inc.Massachusetts Supreme Judicial Court · 1933
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