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action agreement alleged exceptions amended by St amount appeared apportionment bill bill of lading Boston Elevated Boston Elevated Railway Braley Carroll cause claim claimants commissioners Commonwealth Company contract corporation count Courcy Crosby damages death declaration decree deed defendant defendant's demurrer described district employee entitled evidence executor facts filed finding fraud held injury interest intestate judgment jury land lease lessee liability libellant license Loring Mass master ment mortgage November November 28 October October 18 opinion overruled owner paid parties payment person Peter Gaffney petition petitioner Pierce plaintiff plumber premises Present presiding judge Probate Court purchase question Railroad real estate reason recover refused request Rugg rule September 13 statute Street Railway submitted on briefs Suffolk Suffolk County Superior Court testator thereof tion tort trial trustees verdict vote voters wife Worcester writ of mandamus
Page 218 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it ; completely, and without any denial ; promptly, and without delay, conformably to the laws.
Page 565 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 249 - Facility of Payment" clause in the policy which provided that, "The company may make any payment provided for in this policy to any relative by blood or connection by marriage of the insured, or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expense on behalf of the insured, for his or her burial, or, if the insured be more than fifteen years of age at the date of this policy, for any other purpose...
Page 411 - Boston, who shall have been such for at least three years prior to the date of their appointment, one for the term of five years, one for four years, one for three years, one for two years, and one for one year, and thereafter as the terms of office expire in each year one member for a term of five years.
Page 68 - This case came on to be further heard at this term, and was argued by counsel; and thereupon, upon consideration thereof, it is ordered, adjudged and decreed that the respondent, its agents, attorneys, and counsellors are hereby enjoined to desist and refrain : " From using the combined words, ' Waltham watch ' or ' Waltham watches,' either by themselves or in combination with other words in connection with, or in describing, adver.
Page 492 - No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded by the clerk of the town where the mortgagor resides.
Page 184 - A divorce from the bond of matrimony may be decreed for adultery, impotency, extreme cruelty, utter desertion continued for three consecutive years next prior to the filing of the libel...
Page 565 - A holder, in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 444 - In accordance with the terms of the report, judgment is to be entered for the plaintiff in the sum of $1,000 with interest thereon from the date of the writ.
Page 565 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.