Legal Opinion

Carr v. Leahy

Massachusetts Supreme Judicial Court

Decided May 19, 1914PublishedCited by 24 opinions

Contract upon a guaranty in writing hereinafter described. Writ dated October 9, 1912. In the Superior Court the case was tried before King, J., upon an agreed statement of facts, material among which were the following: The plaintiffs, as trustees of the Business Real Estate Trust of Boston, leased to one James J. Grace for ten years and eight months beginning May 1, 1907, a portion of the street floor, numbered 16, of the Pickman Building, which was numbered 16 to 20 on…

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Contract upon a guaranty in writing hereinafter described. Writ dated October 9, 1912. In the Superior Court the case was tried before King, J., upon an agreed statement of facts, material among which were the following: The plaintiffs, as trustees of the Business Real Estate Trust of Boston, leased to one James J. Grace for ten years and eight months beginning May 1, 1907, a portion of the street floor, numbered 16, of the Pickman Building, which was numbered 16 to 20 on Summer Street in Boston, Grace agreeing to pay rent at the rate of $7,500 per year by monthly instalments. By a deed dated…

1Opinion of the CourtHammond, J.

The rule upon which the decision of this case depends is well settled. It is stated by Story, J., in Duvall v. Craig, 2 Wheat. 45, 56, as follows: “A trustee, merely as such, is, in general, only suable in equity. But if he chooses to bind himself by a personal covenant, he is liable at law for a breach thereof in the same manner as any other person, although he describes himself as covenanting as trustee; for, in such case, the covenant binds him personally, and the addition of the words ‘as Trustee’ is but a matter of description to show the character in which he acts, for his own…

2Cases cited5 opinions

  1. Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
  2. Duvall v. CraigSupreme Court of the United States · 1817
  3. Hussey v. ArnoldMassachusetts Supreme Judicial Court · 1904
  4. Odd Fellows Hall Ass'n v. McAllisterMassachusetts Supreme Judicial Court · 1891
  5. Dunham v. BloodMassachusetts Supreme Judicial Court · 1911

3Cited by24 opinions

  1. Beggs v. FiteTexas Supreme Court · 1937
  2. Hynes v. CommissionerUnited States Tax Court · 1980
  3. Larson v. SylvesterMassachusetts Supreme Judicial Court · 1933
  4. Wm. Lindeke Land Co. v. KalmanSupreme Court of Minnesota · 1934
  5. Hallett v. MooreMassachusetts Supreme Judicial Court · 1933

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