Blake v. Baker
Massachusetts Supreme Judicial Court
Contract by Edward Blake and John A. Loring, trustees under the will of Fitz Henry Homer, to recover of the defendants the amount of an assessment made upon an estate on Central Wharf, Boston, in pursuance of the St. of 1866, c. 174, and the St. of 1868, c. 276, by the city of Boston, for the laying out of Ail antic Avenue.
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Contract by Edward Blake and John A. Loring, trustees under the will of Fitz Henry Homer, to recover of the defendants the amount of an assessment made upon an estate on Central Wharf, Boston, in pursuance of the St. of 1866, c. 174, and the St. of 1868, c. 276, by the city of Boston, for the laying out of Ail antic Avenue. The writ was dated December 24, 1872. In the Superior Court the case was submitted upon the following agreed facts; judgment was entered for the plaintiffs for a sum stated; and the defendants appealed: “ On January 1,1868, the plaintiffs leased to the defendants an estate…
1Opinion of the CourtGray, C. J.
The words of the covenant in this case are less comprehensive than in the case of Curtis v. Pierce, ante, 186. But it was made while statutes were in force authorizing assess» ments for betterments similar to that here sought to be recovered. It must therefore be held to include assessments of this character, levied on the premises during the term. Codman v. Johnson, 104 Mass. 491. New York v. Cashman, 10 Johns. 96. Astor v. Miller, 2 Paige, 68.
The orders laying out the street and assessing the betterment were passed during the term of the lease. The order of September, 1872, did not lay a…
2Cases cited3 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Codman v. JohnsonMassachusetts Supreme Judicial Court · 1870
- Mayor of New-York v. CashmanNew York Supreme Court · 1813
3Cited by7 opinions
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Smith v. Abington Savings BankMassachusetts Supreme Judicial Court · 1896
- Cassady v. HammerSupreme Court of Iowa · 1883
- Simonds v. TurnerMassachusetts Supreme Judicial Court · 1876
- Beals v. Providence Rubber CompanySupreme Court of Rhode Island · 1876
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