Simonds v. Turner
Massachusetts Supreme Judicial Court
Contract by the surviving trustee under the will of Jonathan Simonds, to recover of the defendant the amount of an assessment made upon an estate, situated at the corner of Warren Street and Eliot Street, by the board of aldermen of the city of Boston, for the widening of Eliot Street.
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Contract by the surviving trustee under the will of Jonathan Simonds, to recover of the defendant the amount of an assessment made upon an estate, situated at the corner of Warren Street and Eliot Street, by the board of aldermen of the city of Boston, for the widening of Eliot Street. At the trial in the Superior Court, before Oolburn, J., without a jury, it appeared that the trustees under the will of Jonathan Simonds leased the above described estate to one Rosenfeld for the term of eighteen years from January 1,1855, the lessee cove* nan ting to pay “ all taxes and duties levied or to be…
1Opinion of the CourtGbay, C. J.
This case must follow those of Curtis v. Pierce, 115 Mass. 186, and Blake v. Baker, 115 Mass. 188. In Blake v. Baker, indeed, the covenant, which was in the very words now before us, was made after the passage of statutes imposing assessments for betterments. But in Curtis v. Pierce, as in the case at bar, the covenant was made before the passage of any such statute; and the covenant to pay “ all taxes and duties levied or to be levied thereon during the term,” though expressed in less full and comprehensive language, is equivalent in substance and effect to the covenant in Curtis v. Pierce,…
2Cases cited2 opinions
- Blake v. BakerMassachusetts Supreme Judicial Court · 1874
- Curtis v. PierceMassachusetts Supreme Judicial Court · 1874
3Cited by4 opinions
- Jones v. ParkerMassachusetts Supreme Judicial Court · 1895
- Collins v. PrattMassachusetts Supreme Judicial Court · 1902
- Smith v. Abington Savings BankMassachusetts Supreme Judicial Court · 1896
- Waddell v. PrestonTennessee Supreme Court · 1935