Goodwin v. Gilbert
Massachusetts Supreme Judicial Court
This was an action of assumpsit, in which the plaintiffs set forth ■ an indenture of a lease for six years, made on the 18th of January, 1809, by one Andrew Dexter, Jun., to William, Hamilton, of a certain messuage in Boston, called the Exchange Coffee-House, and sundry articles of furniture, and other personal property ;—another indenture between the same parties, made on the 5th of May following, making some alterations in the rent reserved, and the mode of payment; — an…
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This was an action of assumpsit, in which the plaintiffs set forth ■ an indenture of a lease for six years, made on the 18th of January, 1809, by one Andrew Dexter, Jun., to William, Hamilton, of a certain messuage in Boston, called the Exchange Coffee-House, and sundry articles of furniture, and other personal property ;—another indenture between the same parties, made on the 5th of May following, making some alterations in the rent reserved, and the mode of payment; — an indenture made on the 6th of the same May, between the said Dexter and one George Odiorne, by which the said Dexter…
1Opinion of the Court
* By the Court.
The principal question in this case is, whether, if one grant lands to another by deed poll, with a reservation of certain duties to be performed by the grantee for the benefit of the grantor, this latter may have assumpsit against the grantee upon his non-performance? It has long been settled that an action lies for rent reserved upon a deed poll. The reason of the principle has a general application; and we are all satisfied that, as a general rule, where land is conveyed by deed poll, and the grantee enters under the deed, certain duties being reserved to be performed, as no…
2Cases cited5 opinions
- Hills v. EliotMassachusetts Supreme Judicial Court · 1815
- Jackson v. MorseNew York Supreme Court · 1819
- Jackson ex dem. Benson v. MatsdorfNew York Supreme Court · 1814
- Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
- Jackson ex dem. Whitlocke v. MillsNew York Supreme Court · 1816
3Cited by51 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Sanger v. WarrenTexas Supreme Court · 1898
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