Amory v. Melvin
Massachusetts Supreme Judicial Court
Actions oe contract to recover the taxes assessed on the first of May, 1870, upon the premises occupied by the defendants as tenants of the plaintiffs under leases containing covenants that the “ lessees .... will during the said term .... pay to the said lessors .... all taxes .... which may be payable or assessed in respect of the premises or any part thereof during said term.”
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Actions oe contract to recover the taxes assessed on the first of May, 1870, upon the premises occupied by the defendants as tenants of the plaintiffs under leases containing covenants that the “ lessees .... will during the said term .... pay to the said lessors .... all taxes .... which may be payable or assessed in respect of the premises or any part thereof during said term.” The cases were tried in the Superior Court, before Brigham, C. J., without a jury, when the following facts appeared: The defendants entered into the contracts of lease declared on in the respective declarations, and…
1Opinion of the CourtMobtom, J.
These actions are brought upon the covenants of leases, to recover the taxes assessed for the year 1870. In the leases the defendants covenant that they will pay “ all taxes and assessments whatsoever, which may be payable or assessed in respect of the premises, or any part thereof, during said term. The leased premises were parts of a large building which was *87leased to several tenants. At the trial the presiding judge admitted evidence of a usage in Boston, in such cases, to apportion the whole tax assessed upon the building among the different tenants according to their respective rents.…
2Cited by15 opinions
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1889
- J. L. Hammett Co. v. Alfred Peats Co.Massachusetts Supreme Judicial Court · 1914
- Richardson v. GordonMassachusetts Supreme Judicial Court · 1905
- Erhard v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1978
- Baker v. HoranMassachusetts Supreme Judicial Court · 1917
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