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absent action adverse possession agreement alleged exceptions Allen amount appear assignment attachment attorney bank bill in equity bill of exceptions bond Boston claim Colt Commonwealth contended contract conveyance conveyed corporation court of equity creditors Cush damages debt debtor declaration decree deed defendant defendant's delivered discharge duly Endicott entered entitled Exceptions overruled execution executors fact February 21 fendant filed Gray Hampshire held husband indorsed injury insolvency intention interest January 11 judge judgment jury justice land liable Lord Mass ment mortgage mortgagor Morton nolle prosequi notice officer owner paid parties payment person plaintiff possession premises presiding probate Probate Court promissory note purpose question Railroad real estate recover requested rule set-off sold statute Street Sudbury River Suffolk suit Superior Court sureties tenant testator thereof tiff tion Tort town trial trust wife writ
Page 533 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 534 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 298 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a person having a corresponding interest or duty, although it contain criminating matter which, without this privilege, would be slanderous and actionable...
Page 532 - Any association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or District where the bank is located...
Page 216 - ... in full confidence that she will do what is right as to the disposal thereof between my children, either In her lifetime, or by will after her decease,' or 'to be at her disposal in any way she may think best for the benefit of herself and family...
Page 93 - ... required by statute, incorporates in itself by reference any document or paper not so executed and witnessed, whether the paper referred to be in the form of a will or codicil, or of a deed or indenture, or of a mere list or memorandum, the paper so referred to, if it was in existence at the time of the execution of the will, and is identified by clear and satisfactory proof as the paper referred to therein, takes effect as part of the will, and should be admitted to probate as such.
Page 595 - the general rule of law is that a person who is not a party to a simple contract, and from whom no consideration moves, cannot sue on the contract, and that, consequently, a promise made by one person to another, for the benefit of a third person who is a stranger to the consideration, will not support an action by the latter...
Page 466 - Every guardian appointed as provided in the preceding section has the care and custody of the person of his ward, and the management of all his estate, until such guardian is legally discharged...
Page 263 - All that can be required of a trustee to invest is that he shall conduct himself faithfully and exercise a sound discretion. He is to observe how men of prudence, discretion, and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety of the capital to be invested.
Page 210 - building:" generally means any structure or edifice enclosing a space within its walls, and usually covered by a roof, the purpose of which is, for example, to provide shelter or housing, or to provide working, office, parking, display, or sales space. The term includes, for example, structures such as apartment houses, factory and office buildings, warehouses...