Gardiner v. Higgins
Massachusetts Supreme Judicial Court
Three actions op contract or tort by the trustees of the Bangs Real Estate Trust, owners of a building in Boston numbered 74 to 78 Summer Street, to recover expenses and damages which resulted to the plaintiffs as defendants in a suit in equity by a subtenant of those premises following his eviction, in which, it was alleged, the defendants all participated, after the defendant in the first action had surrendered to the plaintiffs a lease which had been given to the…
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Three actions op contract or tort by the trustees of the Bangs Real Estate Trust, owners of a building in Boston numbered 74 to 78 Summer Street, to recover expenses and damages which resulted to the plaintiffs as defendants in a suit in equity by a subtenant of those premises following his eviction, in which, it was alleged, the defendants all participated, after the defendant in the first action had surrendered to the plaintiffs a lease which had been given to the defendant in the third action and of which he was assignee. Writs dated April 6, 1915. In the Superior Court the three actions…
1Opinion of the CourtJenney, J.
The plaintiffs as trustees were the owners of a building on Summer Street in Boston, which for many years had been occupied by the publishers of a newspaper called the Evening Traveler. On May 11, 1911, they leased the building for three years to the Evening Traveler Company, the defendant in one of the three actio.ns now under consideration. The lease contained no covenant against subletting. On July 1, 1912, the Boston Herald, Incorporated, the defendant in another of the actions, took over the publication of the Evening Traveler, and shortly thereafter moved from the leased premises…
2Cases cited5 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Albiani v. Evening Traveler Co.Massachusetts Supreme Judicial Court · 1914
- Brown v. FalesMassachusetts Supreme Judicial Court · 1885
- Appleton v. AmesMassachusetts Supreme Judicial Court · 1889
- Beal v. Boston Car Spring Co.Massachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- Boswell v. Zephyr Lines, Inc.Massachusetts Supreme Judicial Court · 1993
- Zarum v. Brass Mill Materials Corp.Massachusetts Supreme Judicial Court · 1956
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Kennedy v. B. A. Gardetto, Inc.Massachusetts Supreme Judicial Court · 1940
- D. A. Schulte, Inc. v. Brockton Young Men's Christian Ass'nMassachusetts Supreme Judicial Court · 1930