New York Central Railroad v. Stoneman
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 29, 1918, by the New York Central Railroad Company, lessee of the Boston and Albany Railroad, and W. G. McAdoo, the then Director General of Railroads, seeking specific performance of the provisions of a lease for five years made by the owners of a seven-story building numbered 57 Kneeland Street, in Boston, which the defendants, then mortgagees of the premises, assented to and agreed to be bound by in case they…
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Bill in equity, filed in the Superior Court on October 29, 1918, by the New York Central Railroad Company, lessee of the Boston and Albany Railroad, and W. G. McAdoo, the then Director General of Railroads, seeking specific performance of the provisions of a lease for five years made by the owners of a seven-story building numbered 57 Kneeland Street, in Boston, which the defendants, then mortgagees of the premises, assented to and agreed to be bound by in case they foreclosed their mortgage before termination of the lease. ■ The prayers of the bill were in , substance that the defendants be…
1Opinion of the CourtCrosby, J.
The plaintiffs leased from the owners the second
and third floors and part of the first floor and basement of a building, to be occupied as a freight office for their freight terminal in Boston. The lease was in writing and the defendants, as mortgagees of the property, assented to it and agreed to be bound by its terms if they foreclosed the mortgage before the expiration of the lease. The bill seeks to enforce specific performance of the lease, which provides “ that the demised premises shall be heated by the lessors to a proper warmth for office purposes.” The judge of the Superior Court…
2Cases cited9 opinions
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