Mason v. Smith
Massachusetts Supreme Judicial Court
Contract for money paid. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows: On December 20,1869, Nancy J. Fuller leased to the plaintiff a parcel of land in Boston, for the term of fifteen years from January 1,1870, by an instrument under seal and duly recorded, the lessee covenanting to pay rent and taxes.
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Contract for money paid. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows: On December 20,1869, Nancy J. Fuller leased to the plaintiff a parcel of land in Boston, for the term of fifteen years from January 1,1870, by an instrument under seal and duly recorded, the lessee covenanting to pay rent and taxes. On April 8, 1870, the plaintiff assigned the lease to the defendant by an instrument under seal, written on the back of the lease,- and signed by him, as follows: “Boston, April 8, 1870. In consideration of one dollar…
1Opinion of the CourtEndicott, J.
It is clear that the plaintiff was liable to the lessor upon the covenants of the lease for the payment of taxes for the years 1872,1873, 1874, 1875; although he had assigned all his right, title and interest in the lease to the defendant in 1870, which assignment was under seal and duly acknowledged and recorded. The defendant, as assignee, would also be liable to the lessor for the taxes accruing during his term, by virtue of the privity of estate created by the assignment. In such a case, the liability of the original lessee does not depend upon privity of estate, for he has parted with…
2Cases cited2 opinions
- Farrington v. KimballMassachusetts Supreme Judicial Court · 1879
- Parsons v. SpauldingMassachusetts Supreme Judicial Court · 1881
3Cited by19 opinions
- Jones v. ParkerMassachusetts Supreme Judicial Court · 1895
- 68 Beacon Street, Inc. v. SohierMassachusetts Supreme Judicial Court · 1935
- Trask v. GrahamSupreme Court of Minnesota · 1891
- Security System Co. v. S. S. Pierce Co.Massachusetts Supreme Judicial Court · 1926
- Donaldson v. StrongMassachusetts Supreme Judicial Court · 1907
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