Legal Opinion

Weiss v. Levy

Massachusetts Supreme Judicial Court

Decided May 25, 1896PublishedCited by 4 opinions

Bill in equity, filed March 4, 1895, to obtain possession of premises in which the plaintiff claimed a leasehold, estate, and to enjoin the defendants Augusta Levy, Max Levy, Hermann Weiss, and Herman Greenbaum, from interfering with his occupation of the same. Hearing in the Superior Court, before Dunbar, J., who found the following facts, and reported the case for the determination of this court.

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Bill in equity, filed March 4, 1895, to obtain possession of premises in which the plaintiff claimed a leasehold, estate, and to enjoin the defendants Augusta Levy, Max Levy, Hermann Weiss, and Herman Greenbaum, from interfering with his occupation of the same. Hearing in the Superior Court, before Dunbar, J., who found the following facts, and reported the case for the determination of this court. Oh November 4, 1891, the defendant Augusta Levy, who was the owner of the premises No. 52 Howard Street, in the city of Boston, executed and delivered to the defendant Herman Weiss a lease thereof…

1Opinion of the CourtMorton, J.

It is .expressly found that, on or about January 14,1895, the plaintiff surrendered all his interest in the premises to Max Levy, the husband of the defendant Augusta, the owner of the premises, and delivered up the keys to him, and that Max soon after let the premises to the defendant Greenbaum, who entered into occupation and has since continued to occupy as tenant at will. It is also expressly found that Max Levy “had the entire charge and management of his wife’s interest in the premises, and full authority to act for her in reference thereto,” from November 4, 1891, to February 2,1895;…

2Cases cited5 opinions

  1. Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
  2. Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
  3. Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
  4. Emmes v. FeeleyMassachusetts Supreme Judicial Court · 1882
  5. Hooton v. HoltMassachusetts Supreme Judicial Court · 1885

3Cited by4 opinions

  1. Attorney General v. Dime Savings Bank of New York, FSBMassachusetts Supreme Judicial Court · 1992
  2. Edwards v. Columbia Amusement Co.Massachusetts Supreme Judicial Court · 1913
  3. Rockefeller Purchasing Corp. v. Rockefeller Center, Inc.New York Court of Appeals · 1936
  4. Glickman v. KastelMassachusetts Supreme Judicial Court · 1948

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