Legal Opinion

Winnisimmet Trust, Inc. v. Libby

Massachusetts Supreme Judicial Court

Decided January 9, 1920PublishedCited by 12 opinions

Contract for $650, alleged to be due as rent under a lease of premises known as the “Dream Theatre,” in that part of Saugus called Cliftondale. Writ in the Municipal Court of the City of Boston dated March 11, 1918. At the trial in the Municipal Court, it appeared that on March 2, 1916, the owner of the premises, one James S. Duval, conveyed them in mortgage to one Rufina M. Jordan, and later on the same day executed and delivered the lease to the defendants.

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Contract for $650, alleged to be due as rent under a lease of premises known as the “Dream Theatre,” in that part of Saugus called Cliftondale. Writ in the Municipal Court of the City of Boston dated March 11, 1918. At the trial in the Municipal Court, it appeared that on March 2, 1916, the owner of the premises, one James S. Duval, conveyed them in mortgage to one Rufina M. Jordan, and later on the same day executed and delivered the lease to the defendants. The lease was for a term of three years from March 2, 1916, at a rent of $600 per year, payable in instalments of $50 on the second day…

1Opinion of the CourtDe Courcy, J.

This action was brought in the Municipal Court of the City of Boston to recover rent from March 2, 1917, to March 2, 1918, inclusive, reserved under a lease to the defendants from the plaintiff’s assignor, James S. Duval. The Appellate Division ordered judgment for the plaintiff in the sum of $100. Both parties appealed. The defendants contended that the conveyance of the real estate from Duval to one Green, on October 16, 1916, cut off the rights of the plaintiff to the rent subsequently accruing. Since the entry of this appeal, it has been decided by this court, in an earlier case pending…

2Cases cited6 opinions

  1. Winnisimmet Trust, Inc. v. LibbyMassachusetts Supreme Judicial Court · 1919
  2. Elmore v. SymondsMassachusetts Supreme Judicial Court · 1903
  3. Tilden v. GreenwoodMassachusetts Supreme Judicial Court · 1889
  4. Adams v. BigelowMassachusetts Supreme Judicial Court · 1880
  5. Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
  2. Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
  3. International Paper Co. v. Priscilla Co.Massachusetts Supreme Judicial Court · 1932
  4. Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
  5. Moss v. Grove Hall Savings BankMassachusetts Supreme Judicial Court · 1935

7 more not listed; retrieve them via the Exa API.

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