Bowditch v. Chickering
Massachusetts Supreme Judicial Court
Contract, by the owners of a building in Boston against the lessees thereof, to recover the taxes assessed by the city upon the building for the year 1882. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: On March 25, 1874, John J. Dixwell, the plaintiffs’ testator, leased a certain building to the defendants for the term of ten years, from October 29, 1874, the lessees to pay $12,000 yearly, in equal monthly payments,…
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Contract, by the owners of a building in Boston against the lessees thereof, to recover the taxes assessed by the city upon the building for the year 1882. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: On March 25, 1874, John J. Dixwell, the plaintiffs’ testator, leased a certain building to the defendants for the term of ten years, from October 29, 1874, the lessees to pay $12,000 yearly, in equal monthly payments, “ and also all the taxes, and water rates, and assessments whatsoever, whether in the nature of taxes now in being or…
1Opinion of the CourtC. Allen, J.
The great reliance of the defendants is, that the payment by the plaintiffs of the taxes for 1882 is to be treated as a gift. The evidence upon which this claim is founded is substantially as follows. The witness Clapp testified that on November 1, 1877, “ Bowditch agreed that, if we [the defendants] would pay up the rent that was due, and make payments promptly hereafter, he would assume the taxes himself; that this proposal was not in consequence of any complaint made by the defendants, but voluntary on the part of Bowditch; ” and, on cross-examination, “ that he did not recollect that…
2Cases cited5 opinions
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- Goewey v. SanbornMassachusetts Supreme Judicial Court · 1931
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