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accident action agent agreed agreement amount appeared bank Barker bill bonds Boston breach building caused claim commissioners Commonwealth construction contended contract count Cush damages declaration decree deed defendant alleged exceptions defendant's demurrer elevator employed entitled to recover evidence Exceptions overruled fact fendant filed finding furnished Gas Light ground Hammond held Holmes indorsement insolvency instructions judge judgment Knowlton land Lathrop liability lien Loring Mass mechanic's liens ment mortgage Morton motorman negligence notice November November 13 November 28 October 18 opinion Outlet Company owner paid parties payment personal injuries petition petitioner plaintiff premises Present quantum meruit question Railroad reason refused request returned a verdict rule sidewalk statute statute of frauds Street Railway Suffolk Superior Court tending to show testator testified testimony thereof tiff tion Tort trial witness Worcester Writ dated
Page 224 - If at any time there shall be evidence of any lien or claim for which, if established, the Owner of the said premises might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify him against such lien or claim.
Page 159 - In the present case we perceive no such pressing need of our anticipating the legislature as to justify our departure from what we cannot doubt is the settled tradition of the common law, to a point beyond that which we believe to have been reached by equity, and beyond any to which our statutes dealing with kindred subjects ever have seen fit to go. It will be seen that we put our decision, not upon the impolicy of admitting such a power, but on the ground that it would be too great a step of judicial...
Page 494 - The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt.
Page 85 - CJ This is an action for personal injuries alleged to have been suffered by the plaintiff in consequence of A defect in the highway.
Page 341 - No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially, and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 224 - Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the Contractor's default.
Page 347 - The mayor and aldermen of a city or the selectmen of a town may...
Page 528 - Section one of chapter four hundred of the acts of the year eighteen hundred and ninety-eight is hereby amended by striking out the whole of said section and inserting in place thereof the following : — Section 1.
Page 137 - J., who allowed a bill of exceptions, in substance as follows : The...