Kendall v. Hardy
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on May-13, 1909, praying that the defendant be ordered to remove from a building called the Hotel Puritan, owned by him as trustee, certain bay windows projecting over a passageway at the rear of that building and also to remove a certain cellar, storage room and subway underneath the same passageway.
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Bill in equity, filed in the Supreme Judicial Court on May-13, 1909, praying that the defendant be ordered to remove from a building called the Hotel Puritan, owned by him as trustee, certain bay windows projecting over a passageway at the rear of that building and also to remove a certain cellar, storage room and subway underneath the same passageway. A commissioner to take the evidence was appointed under Chancery Rule 35 and the case was heard by Braley, J., who made a memorandum of decision and order for a decree as follows: “ Upon the evidence I find that both parties derive title by…
1Opinion of the CourtKnowlton, C. J.
The plaintiff is the owner of the equity of redemption in an apartment hotel on the southerly side of Commonwealth Avenue called The Colonial, and the defendant is the owner of the Hotel Puritan on the same avenue, a short distance west of the plaintiff’s property. Both of these houses extend back from Commonwealth Avenue southward to a passageway sixteen feet'wide, between Commonwealth Avenue and Newbury Street, which starts from a dead end at its eastern extremity and runs westward, parallel with these two streets, and then turns at a right angle to the south and enters Newbury Street. The…
2Cases cited9 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Brande v. GraceMassachusetts Supreme Judicial Court · 1891
- Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Kershishian v. JohnsonMassachusetts Supreme Judicial Court · 1911
- Gray v. HowellMassachusetts Supreme Judicial Court · 1935
- Western Massachusetts Electric Co. v. Sambo's of Massachusetts, Inc.Massachusetts Appeals Court · 1979
8 more not listed; retrieve them via the Exa API.