Legal Opinion

Freedman v. Bloomberg

Massachusetts Supreme Judicial Court

Decided January 5, 1917PublishedCited by 6 opinions

Bill In equity, filed in the Superior Court on March 24, 1916, in which the plaintiff alleged that he had taken possession of a building in Brockton in accordance with the provisions of a conditional assignment of a lease thereof by the lessee, the defendant Bloomberg, by reason of Bloomberg’s default in payment of a debt to secure which the assignment was given, and that the defendants were threatening to prevent the subtenants of the building from paying rent to the…

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Bill In equity, filed in the Superior Court on March 24, 1916, in which the plaintiff alleged that he had taken possession of a building in Brockton in accordance with the provisions of a conditional assignment of a lease thereof by the lessee, the defendant Bloomberg, by reason of Bloomberg’s default in payment of a debt to secure which the assignment was given, and that the defendants were threatening to prevent the subtenants of the building from paying rent to the plaintiff. The prayers were for injunctions restraining the defendants from interfering with the payment of rents to the…

1Opinion of the CourtDe Courcy, J.

The trial judge found the following facts: The defendant Bloomberg was the lessee of a building in Brockton under a written lease given in 1911 for a term of five years with an option to renew it for five years more, and the lease was duly recorded with Plymouth County deeds. In January, 1915, Bloom-berg, who was in possession of the premises and had sublet portions *492of it, borrowed $10,000 from the plaintiff, and as security therefor gave to him an assignment of the lease in the usual form of a mortgage, and this assignment or mortgage was deposited with the register of deeds for Plymouth…

2Cases cited3 opinions

  1. Nashua Savings Bank v. AbbottMassachusetts Supreme Judicial Court · 1902
  2. Carson v. CarsonCourt of Appeals of Kentucky · 1858
  3. McKie v. GregoryMassachusetts Supreme Judicial Court · 1900

3Cited by6 opinions

  1. Moulton v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1922
  2. J. H. Gerlach Co. v. NoyesMassachusetts Supreme Judicial Court · 1925
  3. Gorin v. StroumMassachusetts Supreme Judicial Court · 1934
  4. In Re TaslisUnited States Bankruptcy Court, D. Massachusetts · 1984
  5. Landford v. Universal InsuranceMassachusetts Supreme Judicial Court · 1933

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