Charles Bradley

• Lippitt v. Huston

  Supreme Court of Rhode Island · 1867-03-06

  This case involved a dispute over the validity of title to land under a contract for purchase, specifically whether estates tail had been properly barred through acknowledgments in open court as required by state statutes. The court held that the title was valid and granted specific performance to the complainant. The reasoning was based on the plain language of the statute, which did not explicitly impose the same formal requirements on courts as on individual magistrates, allowing for judicial discretion, and supported by long-standing practice among conveyancers and the bar in recognizing such titles.

  propertyprocedure

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• Slater Mutual Fire Insurance v. William Barstow & Co.

  Supreme Court of Rhode Island · 1866-03-06

  This case concerned the validity of an assessment levied by Slater Mutual Fire Insurance Company on former policyholder William Barstow & Co. to cover past losses. The court held the assessment invalid, ruling that it could not be sustained because it deviated from the company's charter and the terms of the insurance contracts. The charter permitted assessments on deposit notes only when losses exceeded existing corporate funds at the time of the loss and explicitly limited members' liability to losses occurring during their policy periods. The company's proposed plan, which sought to retroactively reallocate losses among different sets of policyholders based on when policies were in force, ignored these requirements and the prior practice of applying premiums to losses as they arose. The court emphasized that assessments must strictly follow the charter and contract provisions rather than any alternative method deemed more equitable by company officers, citing supporting precedents from other jurisdictions.

  business & regulatory

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• Arnold, Collector v. Davis

  Supreme Court of Rhode Island · 1866-03-06

  This case involves a dispute over where a taxpayer's personal property should be taxed under Rhode Island law, specifically whether it belongs in Warwick or elsewhere based on the owner's place of abode. The court ruled in favor of the tax collector for Warwick, holding that the defendant was liable for taxes there. The reasoning centered on the statute requiring taxation in the town where the owner had his actual place of abode for the larger part of the preceding twelve months; despite the defendant's daily business trips to Providence and occasional stays in Uxbridge, his home and family residence in Warwick qualified as the actual abode for more than half the year. The court noted that the law applies to situations involving a change in residence mid-year, not just those with multiple homes throughout the year.

  taxesproperty

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• McCann v. Rathbone

  Supreme Court of Rhode Island · 1866-03-06

  The case McCann v. Rathbone concerned whether a plaintiff who received a second lease after the expiration of a prior lease could bring an ejectment action to recover premises occupied by a defendant who was a subtenant under the first lease, even though the plaintiff had never taken possession. The court held that the plaintiff could maintain the action of ejectment in a special court. It interpreted the relevant statutes, including Chapter 322 and Chapter 359, as authorizing such actions by any plaintiff with a right of entry against any defendant wrongfully detaining the estate, without requiring proof of prior actual entry. The court relied on prior precedent construing similar language and remanded the case for further proceedings.

  propertyprocedure

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• Wardwell v. Bassett and Wife

  Supreme Court of Rhode Island · 1866-03-06

  The case concerned the validity of a quitclaim deed that included a provision delaying its effect until after the grantor's death, which raised questions about creating a future estate in fee. The court upheld the deed by construing it as a covenant to stand seized, thereby giving effect to the parties' clear intention. It found adequate consideration based on the admitted family relationship, with the grantor being the mother of the grantee's husband. The decision relied on analogous precedents from Massachusetts, New Hampshire, and Connecticut. Judgment was entered for the defendant.

  property

  Read the full opinion inline ▾ (241 words)

• Taylor v. Peckham, Treasurer, C.

  Supreme Court of Rhode Island · 1866-03-06

  The case involved a plaintiff injured on a public street in Providence when a show-board, placed by a third party on adjacent land, was blown down by wind and fell on him; he obtained a $5,500 verdict against the city. The court granted a new trial, holding the city not liable. It reasoned that statutory municipal liability for highway upkeep does not extend to injuries from objects on neighboring property placed by others, even with concurrent fault, and cited analogous precedents denying recovery for snow falling from adjacent roofs or falls on defective steps next to the sidewalk. The opinion emphasized that the statute limits towns' duties to the highway itself and does not authorize or require control over adjacent land uses to prevent such accidents.

  torts & liability

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