Legal Opinion

Berry v. Friedman

Massachusetts Supreme Judicial Court

Decided May 18, 1906PublishedCited by 4 opinions

Bill in equity, filed November 4, 1905, as follows: 1. The plaintiff says that he is a dealer in pianos, having a usual place of business at No. 546 Washington Street in the city of Boston. 2. That on or about July 8, 1904, he leased a piano, of the value of $265, to one Etta Bailey, then of Chelsea. 3. That, shortly thereafter, Etta Bailey hired certain apartments in the premises numbered 78 Chestnut Street in the city of Chelsea owned by the defendant; that, owing to the…

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Bill in equity, filed November 4, 1905, as follows: 1. The plaintiff says that he is a dealer in pianos, having a usual place of business at No. 546 Washington Street in the city of Boston. 2. That on or about July 8, 1904, he leased a piano, of the value of $265, to one Etta Bailey, then of Chelsea. 3. That, shortly thereafter, Etta Bailey hired certain apartments in the premises numbered 78 Chestnut Street in the city of Chelsea owned by the defendant; that, owing to the dimensions of the piano, Etta Bailey was unable to move it into the premises, along with her other household effects,…

1Opinion of the CourtSheldon, J.

The only questions argued by the defendant in this case are those which arise upon his demurrer, and apparently he did not make and now does not make any objection to a final decree being entered against him, as was done in the Superior Court, if his demurrer is not to be sustained.

The bill is somewhat inartificially drawn ; but construing all its averments together it substantially states the following facts: The plaintiff is a dealer in pianos, and in July, 1904, he leased *135a piano worth $265 to one Etta Bailey. She hired an apartment in a building in Chelsea owned by the defendant. By…

2Cases cited17 opinions

  1. Halsey v. ReedNew York Court of Chancery · 1842
  2. Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
  3. McLeod v. JonesMassachusetts Supreme Judicial Court · 1870
  4. Bacon v. HookerMassachusetts Supreme Judicial Court · 1901
  5. Machinists' National Bank v. FieldMassachusetts Supreme Judicial Court · 1879

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Murray v. Postal Telegraph-Cable Co.Massachusetts Supreme Judicial Court · 1911
  2. Premium Cut Beef Co. v. KarpMassachusetts Supreme Judicial Court · 1945
  3. Labagnara v. Kane Furniture Co.Massachusetts Supreme Judicial Court · 1935
  4. Broomfield v. CheckowayMassachusetts Supreme Judicial Court · 1941

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