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action agreement alleged exceptions Allen amended amount apply assessment assignment attorney bank Barker benefit bill in equity Boston certificate charge claim clause codicil Commonwealth condition contract corporation county commissioners damages deceased decree deed defendant defendant's East Tennessee Land entitled evidence Exceptions overruled executor fendant filed grantor Hammond heirs held Holmes husband income insolvency intended intestate issue January 11 judge judgment June 20 Knowlton Lathrop liability Mass Michael Healey mortgage Morton October 9 Old Colony Railroad opinion paid parties Paul Boyton payment personal injuries petition petitioner Phoenix Land Company plaintiff plaintiffs in error Probate Court promissory note purpose question railroad company received recover request returned a verdict rule statute Street Sudbury River Suffolk Superior Court Tennessee Land Company testator testified testimony thereof tion Tort town track trial trust words
Page 134 - ... in imitation of yellow butter produced from pure unadulterated milk or cream of the same: provided, that nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine in a separate and distinct form and in such manner as will advise the consumer of its real character, free from coloration or ingredient that causes it to look like butter.
Page 470 - That the money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any association authorized to do business under this Act, shall not be liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, or by operation of law, to pay any debt or liability of a- certificate holder or of any beneficiary named in a certificate, or any person who may have any right thereunder.
Page 499 - If the meaning of this and similar expressions is that where a person has the lawful right to do a thing irrespective of his motive, his motive is immaterial, the proposition is a mere truism. If, however, the meaning is that where a person, if actuated by one kind of a motive, has a lawful right to do a thing, the act is lawful when done under any conceivable motive, or that an act lawful under one set of circumstances is therefore lawful under every conceivable set of circumstances, the proposition...
Page 498 - ... skill and credit. He has no right to be protected against competition ; but he has a right to be free from malicious and wanton interference, disturbance or annoyance. If disturbance or loss come as a result of competition, or the exercise of like rights by others, it is damnum absque injuria, unless some superior right by contract or otherwise is interfered with.
Page 498 - Every one has a right to enjoy the fruits and advantages of his own enterprise, industry, skill and credit. He has no right to be protected against competition ; but he has a right to be free from malicious and wanton interference, disturbance or annoyance.
Page 190 - J., who, with the consent of the parties, reported the case for the consideration of the full court. The facts appear in the opinion. HOLMES, J. This is a bill brought to enjoin the defendant from advertising its watches as the " Waltham Watch " or " Waltham Watches," and from marking its watches in such a way that the word " Waltham
Page 269 - ... to be assessed with reference to the degree of culpability of the...
Page 597 - The ground upon which the liability attaches in such instances is stated to be that, "by entering into a valid contract with the customer produced by the broker, the principal accepts the customer as able, ready and willing to buy the land and pay for it. In such a case, the decision would have to be the other way, were it not that by entering into the contract with him the principal accepts the customer produced by the broker.
Page 119 - ... sustained, may have the damages assessed and determined in the manner provided by law when land is taken for the laying out of highways...