Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volumes 111-112H.O. Houghton and Company, 1903 - Law reports, digests, etc |
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Page 22
... alleged that only $ 500 was due to the mortgages , and that tha mortgage was made for the purpose of securing the property to the plaintiff and upon the understanding that the $ 3000 were not to be paid . Held , on demurrer , that the ...
... alleged that only $ 500 was due to the mortgages , and that tha mortgage was made for the purpose of securing the property to the plaintiff and upon the understanding that the $ 3000 were not to be paid . Held , on demurrer , that the ...
Page 29
... alleged that the defendant , in consideration of the purchase from him by the plaintiff of a lot of land for a certain sum , promised to grade certain streets ; and that the defendant conveyed the land to the plaintiff by a deed , a ...
... alleged that the defendant , in consideration of the purchase from him by the plaintiff of a lot of land for a certain sum , promised to grade certain streets ; and that the defendant conveyed the land to the plaintiff by a deed , a ...
Page 30
... alleged to be ral , a demurrer will lie , otherwise the statute must be pleaded . The contract is alleged to be made in consideration that the plaintiff would purchase the land . Such a consideration is valid . Pierce v . Woodward , 6 ...
... alleged to be ral , a demurrer will lie , otherwise the statute must be pleaded . The contract is alleged to be made in consideration that the plaintiff would purchase the land . Such a consideration is valid . Pierce v . Woodward , 6 ...
Page 45
... alleged exceptions . A. H. Briggs , for the defendant . S. C. Bancroft , for the plaintiff , was stopped by the court . BY THE COURT . The defendant having hired and used the boiler , is liable to this action to recover compensation for ...
... alleged exceptions . A. H. Briggs , for the defendant . S. C. Bancroft , for the plaintiff , was stopped by the court . BY THE COURT . The defendant having hired and used the boiler , is liable to this action to recover compensation for ...
Page 64
... alleged assault the defendant slept one night in a house of ill fame may properly be excluded as immaterial . In an action for carnally knowing the plaintiff by force and giving her a venereal disease , a statement by the judge to the ...
... alleged assault the defendant slept one night in a house of ill fame may properly be excluded as immaterial . In an action for carnally knowing the plaintiff by force and giving her a venereal disease , a statement by the judge to the ...
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Common terms and phrases
action aforesaid agreed agreement alleged exceptions Allen amount appeared appointed assessment assignment attached attorney authority bill of lading bond Boston charge Charles Woods Charlestown claim Commonwealth contract conveyed corporation creditors Cush damages debt declaration deed defendant defendant's delivered demand discharged entitled evidence tending Exceptions overruled execution executors fact fendant Gray held horse indictment injury instruct the jury Insurance Company intent interest issued judge judgment land Lawrence Railroad lease liable Mass Massachusetts Massachusetts Medical Society ment mortgage Mystic River notice objection officer owner paid parties payment person petitioners Philip Caldwell Pick plaintiff premises proceedings promissory note purpose question quitclaim deed Railroad Company receipt recover requested rule Smith statute statute of frauds street suit Superior Court tending to show testified therein thereof Thwing tiff tion town trial trustee vote Waby wife William witness writ
Popular passages
Page 80 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court...
Page 99 - ... and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandises and ship, tfec., or any part thereof, without prejudice to this insurance ; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 145 - The act of a third person, intervening and contributing a condition necessary to the Injurious effect of the original negligence will not excuse the first wrongdoer, If such act ought to have been foreseen. The original negligence still remains a culpable and direct cause of the injury. The test is to be found in the probable injurious consequences which were to be anticipated, not in the number of subsequent events and agencies which might arise.
Page 142 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Page 152 - ... in such portions and at such time or times as the directors of said company may, agreeably to their act of incorporation, require.
Page 268 - Where a regulation of this character is known to the customer before the contract for transportation is made, it is to be presumed, in the absence of any evidence to the contrary, that the parties contracted with reference to it (Miller v.
Page 466 - ... for the redemption of bills of credit or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being...
Page 68 - The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times statements inconsistent with his present testimony...
Page 206 - Constitution, as the General Court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers, under the Constitution, and the manner of returning the votes given at such meetings...
Page 276 - In all contested matters in insolvency the court may, in its discretion, award costs to either party, to be paid by the other, or to either or both parties, to be paid out of the estate, as justice and equity may require; in awarding costs, the court may issue execution therefor.