Cotting v. Hooper, Lewis & Co.
Massachusetts Supreme Judicial Court
Accordingly where, at the time of the delivery of the assignment above described, the assignor was occupying certain land under a lease which provided that, upon the making of such an assignment the lessor might “immediately, or at any time thereafter” enter upon and repossess the demised premises, and that, upon his electing so to do, he should be entitled to indemnity for the rest of the term for loss of rents and other payments due under the lease, or, at his election, to…
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Accordingly where, at the time of the delivery of the assignment above described, the assignor was occupying certain land under a lease which provided that, upon the making of such an assignment the lessor might “immediately, or at any time thereafter” enter upon and repossess the demised premises, and that, upon his electing so to do, he should be entitled to indemnity for the rest of the term for loss of rents and other payments due under the lease, or, at his election, to damages in such sum as would measure the difference between the rental value of the premises and the rent reserved with…
1Opinion of the CourtBraley, J.
By the assignment of the defendant corporation for the benefit of creditors the lessors had the right to enter upon the premises and terminate the lease. And under the lessee’s covenants that, upon termination, the lessors for the remainder of the term should be entitled to indemnity against loss of rents and other payments, or at their election to demand the payment of damages in such sum as would measure the difference between the rental value of the premises and the rent reserved with other payments, they assented to the assignment as required by its terms and asserted that as creditors…
2Cases cited17 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
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3Cited by18 opinions
- Towle v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1923
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1942
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1943
- Standard Oil Co. of New York v. Back Bay Hotels Garage, Inc.Massachusetts Supreme Judicial Court · 1934
- Gardiner v. ParsonsMassachusetts Supreme Judicial Court · 1916
13 more not listed; retrieve them via the Exa API.