Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volumes 125-126H.O. Houghton and Company, 1907 - Law reports, digests, etc |
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Page 53
... notice of the assignment . Upon this evidence , the judge found that the agreement be- tween Erskine and the plaintiff was made with a view to fraud- ulently deprive Davis of the benefit of his assignment ; that the defendants had ...
... notice of the assignment . Upon this evidence , the judge found that the agreement be- tween Erskine and the plaintiff was made with a view to fraud- ulently deprive Davis of the benefit of his assignment ; that the defendants had ...
Page 55
... notice of the change had previously been given to him . Held , that this evidence would warrant a finding that the missing baggage was lost through the negligence of the railroad corporation . If a person , who has made a contract with ...
... notice of the change had previously been given to him . Held , that this evidence would warrant a finding that the missing baggage was lost through the negligence of the railroad corporation . If a person , who has made a contract with ...
Page 56
... notice that the car China was not owned by the defendant and in its exclusive control . The judge ruled that the facts offered to be proved by the defendant would not constitute a defence to the action , and that the facts proved were ...
... notice that the car China was not owned by the defendant and in its exclusive control . The judge ruled that the facts offered to be proved by the defendant would not constitute a defence to the action , and that the facts proved were ...
Page 57
... notice that the car was not owned by the defendant and under its exclusive control , could not affect the measure of the defendant's liability to the plaintiff . Exceptions overruled . ROBERT L. COOK vs. UNION RAILWAY COMPANY . Suffolk ...
... notice that the car was not owned by the defendant and under its exclusive control , could not affect the measure of the defendant's liability to the plaintiff . Exceptions overruled . ROBERT L. COOK vs. UNION RAILWAY COMPANY . Suffolk ...
Page 72
... notice to him , an amended count , which does not change the cause of action , but merely states it more in detail than the origi- nal count . If a general verdict is returned on a declaration containing two counts , one filed after a ...
... notice to him , an amended count , which does not change the cause of action , but merely states it more in detail than the origi- nal count . If a general verdict is returned on a declaration containing two counts , one filed after a ...
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Common terms and phrases
absent action alleged exceptions Allen amount appeared assessed assignment attachment bank bankruptcy bill of exceptions bond Boston certificate charge claim Commonwealth Company contended contract corporation count court of equity creditor Cush damages debt debtor declaration decree deed defendant defendant's easement ENDICOTT entitled Ephraim Foster equity evidence tending Exceptions overruled execution executor fact fendant filed fraud Gray held highway Hinckley husband injury instructed the jury Jamaica Pond judge judgment July 18 K. P. Gleason land taken lease liable London Assurance Co March 29 Mass ment mortgage Mountford officer owner paid parties payment person petitioners plaintiff premises promissory note purchase question rail Railroad real estate received recover rent replevin returned a verdict Rogers rule Salisbury Mills statute Suffolk Superior Court sureties Taunton tending to show testator testified thereof tiff tion tort town track trial trust writ
Popular passages
Page 457 - Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part...
Page 238 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 176 - In such cases, proof of good reputation for peace and quietude on the part of the defendant is proper evidence to be considered by the jury in connection with all the other evidence. In...
Page 348 - Annexed to the declaration was an account of goods sold to Moore. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement of facts in substance as follows: The...
Page 463 - The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board of assessors, should such board be appointed, as a full, perfect, and final settlement of all the claims hereinbefore referred to; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board shall, from and after the conclusion of the proceedings of the tribunal or board...
Page 188 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 303 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Page 38 - Exceptea cases. tion shall not extend to any person whose husband or wife shall have been continually remaining beyond sea, or shall have voluntarily withdrawn from the other and remained absent for the space of five years together, the party marrying again not knowing the other to be living within that time...
Page 633 - ... or use camphene, spirit gas, or any burning fluid or chemical oils, without written permission in this policy, — then and in every such case, this policy shall be void.
Page 287 - J., who allowed a bill of exceptions in substance as follows : The defendant...