Trask v. Little
Massachusetts Supreme Judicial Court
Bill in equity, filed May 1, 1901, to restrain the defendant from replevying or otherwise removing a certain platform alleged to be part of hotel premises in Revere leased to the plaintiffs by one Manning.
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Bill in equity, filed May 1, 1901, to restrain the defendant from replevying or otherwise removing a certain platform alleged to be part of hotel premises in Revere leased to the plaintiffs by one Manning. In the Superior Court the case was deferred to Wilfred Bolster, Esquire, as master, who made the following findings: “ 1. The said platform is not a chattel, except as between the defendant and said Manning, and solely by reason of their consent that it should remain a chattel. 2. By reason of its method of annexation to the real estate and the inability of removal in such manner as to…
1Opinion of the CourtMorton, J.
The plaintiffs are lessees of a hotel known as the Worcester House in Revere. One Manning is the owner. Previous to and at the time of the lease to the plaintiffs the defendant had a lease of the premises. During his occupancy he built upon the demised premises the platform which is the subject of these proceedings. It was agreed between him and Manning that the structure should remain his property and that he should have the right to remove it “ when he got out.” The plaintiffs had no notice of this agreement. The defendant’s lease expired by limitation on the first day of April, 1901. The…
2Cases cited8 opinions
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Meagher v. HayesMassachusetts Supreme Judicial Court · 1890
- Wentworth v. S. A. Woods Machine Co.Massachusetts Supreme Judicial Court · 1895
- Ridgeway Stove Co. v. WayMassachusetts Supreme Judicial Court · 1886
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3Cited by4 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Perley v. City of CambridgeMassachusetts Supreme Judicial Court · 1915
- J. H. Gerlach Co. v. NoyesMassachusetts Supreme Judicial Court · 1922
- E. M. Dart Manufacturing Co. v. Screw Machinery Products Corp.Superior Court of Rhode Island · 1919