Martin v. Tobin
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close. Writ dated August 14, 1874. At the trial in the Superior Court, on appeal, the jury, by agreement of parties, returned a verdict for the plaintiff, and Pitman, J., reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
Robert Tobin, being the owner of the premises in question, on March 9, 1860, leased them to Timothy Connolly for a term of twenty years. On October 27, 1866, Connolly assigned this lease to John Tobin. In 1870, John Tobin died, and by his will devised and bequeathed to the plaintiff “ any and all interest which I now have in and to any and all real estate in said Boston, and especially to my interest in the estate numbered one Norwich Street in said Boston,” being the premises in question. This bequest included the testator’s leasehold estate, and operated as an assignment of the lease to the…
2Cited by6 opinions
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