A.J. Properties, LLC v. Stanley Black and Decker, Inc. (Lawyers Weekly No. 10-154-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-11424 A.J. PROPERTIES, LLC vs. STANLEY BLACK AND DECKER, INC. Suffolk. May 5, 2014. – September 5, 2014. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.[1] Assignment. Debt. Mortgage, Assignment. Contract, Assignment, Surety. Surety. Bond, Private building project, Construction and contract bond. Environment, Environmental cleanup costs. Certification of a question of law to the Supreme Judicial Court by the United States District Court for the District of Massachusetts on April 8, 2013. Gerard A. Butler, Jr. (Andrew D. Black with him) for the defendant. John A. Mavricos for the plaintiff. DUFFLY, J. At issue in this case is the right to payment under a performance bond issued to secure the obligation of an environmental consulting company to perform environmental remediation of a contaminated site that included land that had been owned by Stanley Black and Decker, Inc. (Stanley). In 2011, A.J. Properties, LLC (A.J. Properties), commenced the underlying action in the Superior Court, contending that it had acquired the rights to payment under the bond, and that Stanley had wrongfully collected payment. A.J. Properties argued that Stanley had assigned the rights to payment when it assigned a mortgage on the property to the Wyman–Gordon Company (Wyman-Gordon), which later assigned the mortgage to A.J. Properties. After Stanley removed the case to the United States District Court for the District of Massachusetts, a judge of that court certified the following question to this court pursuant to S.J.C. rule 1:03, as appearing in 382 Mass. 700 (1981): “Does the rule of Quaranto v. Silverman, 345 Mass. 423, 426–[427] (1963) [(Quaranto)], that ‘the assignment of a debt carries with it every remedy or security that is incidental to the subject matter of the assignment and could have been used or made available to the assignor,’ extend to a situation where a mortgage and a surety agreement secured an obligation, and both the mortgagor and the surety breached that obligation prior to a written assignment of the mortgage, does the assignee, by operation of law, acquire the right against the surety’s receiver for the surety’s breach of its obligation?” We answer that whether the right against the surety’s receiver is deemed assigned by operation of the rule of Quaranto, supra, depends on whether the right is an incident to […]
State House News Service Weekly Roundup: Black Smoke
White smoke was rising from the Sistine Chapel as Speaker Bob DeLeo stood outside his office prepared to take questions about the formation of his new gun control task force. DeLeo had spent much of his morning meeting with deputies Rep. William Straus and Rep. Brian Dempsey to discuss the still elusive “magic number” for new tax and/or fee revenue that could satisfy the needs of the state’s seemingly insatiable transportation system without breaking the banks of the residents who use it. But for a moment, the Speaker’s interest was piqued by what was going on in Rome where 115 cardinals of the Catholic Church had just selected a new pope. The Boston press corps had spent weeks salivating at the possibility that the city’s own Cardinal Sean O’Malley might be the next pontiff. DeLeo’s money was riding elsewhere. “I picked the gentleman, the cardinal from Spain,” he said. Office pool? “Not in my office, let me put it that way,” DeLeo quickly explained. In this case, the speaker was out of luck. New Pope Francis calls Argentina home. Click here to subscribe to MASSterlist, a free morning newsletter by State House News Service that highlights political news from a wide array of newspapers and journals in Massachusetts and New England. As DeLeo tried to handicap the papal conclave, members of his House were busy trying to guess the over-under on new tax revenues. The Winthrop Democrat may soon ask his flock to support a sizeable tax increase, how large and from what source still to be determined. Business groups like the Massachusetts Taxpayers Foundation testified before Straus’s Transportation Committee that $ 800 million would be a good number, well shy of the governor’s $ 1.9 billion request, but if dedicated to transportation, a reachable goal that comes close to the $ 1 billion Gov. Deval Patrick earmarked for transportation. Asked whether that would be acceptable, Patrick said he was not ready to begin negotiating, at least not through the media: “You keep asking me to bargain against myself. I’ve put the number down that I think is the right number and I’ve expected all along that there’s going to be a negotiation in that.” Until then, the Speaker’s fireplace is still burning black. While Patrick headlined a rally Tuesday in Gardner Auditorium of hundreds of union members, seniors and community organizers in support of his tax plan for transportation and education investments, a group of about 20 members of the House Progressive Caucus, led by Medford Rep. Carl Sciortino, met with DeLeo on the third floor. The caucus asked DeLeo to support $ 2 billion in new revenue beginning this year. The source, they told him, should […]
Where to Celebrate Black History Month in Boston
It’s February, and that means it’s time to celebrate Black History Month. In Boston, you’ve got several options that range between programs, films, art shows and activities for adults, kids and teens. You can see the city’s full list here, but here are some of the highlights happening in Boston: BOSTON PUBLIC LIBRARYBoston Public Library will observe Black History Month in February with a series of programs, films, and activities for all age groups. Highlights from the month’s programming include: African Mask Making. For children ages 6-12, a program on African mask making is offered at sixteen different Boston Public Library locations. Young people will create a paper mache mask with Behind the Mask Studio Artists who will display samples, discuss techniques, and guide creativity. The South End branch will host this event on Wednesday, Feb. 4 Feb. 6 at 3:30 p.m. Harriet Tubman: I Can’t Die But Once.For families with children ages 11 and older, storyteller Gwendolyn Quezaire-Presutti (pictured right) performs Harriet Tubman: I Can’t Die But Once at seven Boston Public Library locations including the East Boston, Faneuil, Dudley, Lower Mills, West Roxbury, Orient Heights, and Grove Hall branches on various days. Told in the oral tradition, Quezaire-Presutti will present the life and times of Harriet Tubman in a 45-minute presentation including how Harriet Tubman operated as a scout and spy of the Union Army, and was possibly the first American woman to work on the battlefields of the Civil War. Author Calvin Alexander Ramsey will share readings from his book, Ruth and the Green Book, on Saturday, February 9, at 2 p.m. at the Central Library in Copley Square. Although the event is free, RSVPs are required as seating is limited. Central Library Film Series. The Central Library in Copley Square hosts a trio of Monday evening films celebrating African American Actors in February with screenings of To Wong Fu, The Preacher’s Wife, andHotel Rwanda. The films are shown at 6 p.m. in Rabb Lecture Hall on February 4, 11, and 25. Dudley Branch Film Series. The Dudley Branch of the Boston Public Library hosts a Wednesday afternoon film series during the month of February. All films relate to the theme “at the crossroads of freedom and equality” and will be shown at 3 p.m. on February 6, 13, 20, and 27. The movie titles are Glory, The Long Walk Home, Do the Right Thing, and Pariah. Black History Booklist – Boston Public Library is publishing its annual “Black Is” booklist, a compilation of recent works by and about African Americans for adult readers. The 2013 booklist contains dozens of fiction and nonfiction works, including autobiographies by Vanessa Williams; Rodney King; and Zakes Mda, the noted South African contemporary writer. The complete schedule of upcoming events at Boston Public Library locations, for Black History month and beyond, is available at www.bpl.org/calendar. FREEDOM TRAIL African American […]
Pet of the Week: Gulliver, a Playful Black Lab
Looking to adopt a pet? Now up for adoption at the Animal Rescue League of Boston is Gulliver. Gulliver is a 12-year-old neutered male Labrador Retriever. Don’t let his age fool you, Gulliver still has plenty of energy! He loves going to playgroup with other dogs, and would likely enjoy a canine companion to keep him company. Gulliver keeps his kennel clean here, but could use a bit of work on his manners (he likes to jump a bit). Stop by and meet this handsome fella and you’re sure to fall in love! For more information on Gulliver or any of the other animals currently residing at the Animal Rescue League of Boston, please call 617-226-5602. The Animal Rescue League of Boston is open Tuesday through Thursday 1- 7pm & Friday through Sunday 1-4pm, excluding some holidays. For more information, see their website, Twitter and Facebook page. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch