Curtis v. Pierce
Massachusetts Supreme Judicial Court
Contract by the owners of the building on the corner of Tremont and Court Streets in Boston, against the lessee to recover the amount assessed thereon by the city of Boston, November 20, 1871, pursuant to the St. of 1866, o. 174, under an order passed by the Board of Aldermen November 4, 1870, to widen Tremont Row and Court Street, and paid by the plaintiffs on April 29,1872, after notice to the defendant.
Read the full summary
Contract by the owners of the building on the corner of Tremont and Court Streets in Boston, against the lessee to recover the amount assessed thereon by the city of Boston, November 20, 1871, pursuant to the St. of 1866, o. 174, under an order passed by the Board of Aldermen November 4, 1870, to widen Tremont Row and Court Street, and paid by the plaintiffs on April 29,1872, after notice to the defendant. The writ was dated May 3, 1872. In the Superior Court the case was submitted on the following agreed facts; judgment was ordered for the defendant, and the plaintiffs appealed: “ The lease…
1Opinion of the CourtGray, C. J.
The indenture sued on appears to the court to have been carefully and clearly framed to express the intention of the parties that the burden of every description of taxes, which might be assessed upon the estate during the term of the lease, either under laws already existing, or under future legislation, should be borne by the lessee and not by the lessors. It is well settled in this Commonwealth, that an assessment upon an estate under the betterment acts, though local and special in its character, is yet a kind of tax. The covenant of the lessee in this case in terms includes “ the amount…
2Cases cited2 opinions
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Bleecker v. BallouNew York Supreme Court · 1829
3Cited by6 opinions
- Kinston v. . R. R.Supreme Court of North Carolina · 1922
- Smith v. Abington Savings BankMassachusetts Supreme Judicial Court · 1896
- City of Kinston v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1922
- Simonds v. TurnerMassachusetts Supreme Judicial Court · 1876
- Beals v. Providence Rubber CompanySupreme Court of Rhode Island · 1876
1 more not listed; retrieve them via the Exa API.