Legal Opinion

City of Boston v. Robbins

Massachusetts Supreme Judicial Court

Decided March 3, 1879PublishedCited by 15 opinions

Writ op review to revise a judgment recovered by the defendant in review against the plaintiff in review. After the former decision, reported 121 Mass. 453, the case was tried ip. the Superior Court, without a jury, before Colburn, J., who allowed a bill of exceptions in substance as follows; The original action was brought by Nathan Robbins, trustee, after a demand and refusal to pay, to recover from the plaintiff in review the sum of $8889, being the sum awarded by the…

Read the full summary

Writ op review to revise a judgment recovered by the defendant in review against the plaintiff in review. After the former decision, reported 121 Mass. 453, the case was tried ip. the Superior Court, without a jury, before Colburn, J., who allowed a bill of exceptions in substance as follows; The original action was brought by Nathan Robbins, trustee, after a demand and refusal to pay, to recover from the plaintiff in review the sum of $8889, being the sum awarded by the board of aldermen to Franklin S. Simonds, Jonathan B. Simonds and George W. Simonds, trustees under the will of Jonathan…

1Opinion of the CourtSoule, J.

The bill of exceptions shows that the estates of the tenant for years and of the reversioner each extended to the whole of the land taken by the plaintiff in review. The case, as now presented, is in this respect the same as when it was last before us. Boston v. Robbins, 121 Mass. 453. The provisions in the lease giving the lessee rights which were not incident, as of course, to his tenancy, and imposing on him duties which do not necessarily fall on a lessee for years, were not such modifications of the relation of the tenant and the reversioner as to make their interests other than merely…

2Cases cited3 opinions

  1. Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
  2. Inhabitants of Dublin v. ChadbournMassachusetts Supreme Judicial Court · 1820
  3. City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1877

3Cited by15 opinions

  1. Commissioner of Corporations & Taxation v. City of SpringfieldMassachusetts Supreme Judicial Court · 1947
  2. McCooey v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
  3. Horowitz v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1933
  4. Downey Co. v. WhistlerMassachusetts Supreme Judicial Court · 1933
  5. Nicklas v. City of New BedfordMassachusetts Supreme Judicial Court · 1925

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API