Pfister & Vogel Co. v. Fitzpatrick Shoe Co.
Massachusetts Supreme Judicial Court
Petition, filed on January 29,1907, to prove a claim against the receivers of the property of the Fitzpatrick Shoe Company, appointed in the suit of Pfister & Vogel Company v. Fitzpatrick Shoe Company, pending in the Supreme Judicial Court, asking for damages sufficient to restore to its former condition a two story building in Stoughton owned by the petitioner which had been hired and used by the shoe company in connection with its factory, and afterwards was used for a…
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Petition, filed on January 29,1907, to prove a claim against the receivers of the property of the Fitzpatrick Shoe Company, appointed in the suit of Pfister & Vogel Company v. Fitzpatrick Shoe Company, pending in the Supreme Judicial Court, asking for damages sufficient to restore to its former condition a two story building in Stoughton owned by the petitioner which had been hired and used by the shoe company in connection with its factory, and afterwards was used for a time by the receivers who paid rent at the rate of $15 a month up to January 15, 1907, when possession of the building was…
1Opinion of the CourtR.ugg, J.
This petition for leave to prove a claim was heard before a justice of this court, who found that the alterations, for which the petitioner asks damages, were made with the knowledge and assent of the petitioner, that they were reasonably necessary to adapt the premises to the uses of the defendant tenant as shoe manufacturer, and that the premises have not deteriorated during the occupancy by the wilful or negligent conduct of the lessee. These findings will not be disturbed unless shown to be plainly wrong. The evidence was oral, and the presiding justice saw the witnesses, and had the…
2Cited by6 opinions
- Cawley v. JeanMassachusetts Supreme Judicial Court · 1914
- Walker v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1938
- Perry v. J. L. Mott Iron Works Co.Massachusetts Supreme Judicial Court · 1911
- Lamonica v. BosenbergNew Mexico Supreme Court · 1964
- United States Trust Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1965
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