Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 205 (Google eBook)

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H.O. Houghton and Company, 1910 - Law reports, digests, etc
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Page 280 - ... made or Intended to take effect in possession or enjoyment after the death of the grantor...
Page 255 - that any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 257 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Page 598 - It is agreed between the sender of the following message and this company, that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery of any unrepeated messa-ge, beyond the amount received for sending the same...
Page 291 - ... every policy which contains a reference to the application of the insured, either as a part of the policy or as having any bearing thereon, must have attached thereto a correct copy of the application, and unless so attached the same shall not be considered a part of the policy or received in evidence.
Page 437 - ... for the discovery by the opposite party or parties of facts and documents material to the support or defense of the cause...
Page 598 - UNREPEATED message, beyond the amount received for sending the same ; nor for mistakes or de-lays in the transmission or delivery, or for nondelivery, of any REPF.ATED message beyond fifty times the sum received for sending the same, unless specially insured, nor in any case for delays arising from unavoidable interruption in the working of its lines, or for errors in cipher or obscure messages.
Page 553 - Be it remembered that I , of , in the commonwealth of Massachusetts, being of sound mind and memory, but knowing the uncertainty of this life, do make this my last will and testament. After the payment of my just debts and funeral charges, I bequeath and devise as follows.
Page 257 - The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract of transportation, between the parties to that contract. The carrier must respond for negligence up to that value. It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practised on the shipper, should be upheld.
Page 254 - In consideration of the rate charged for carrying said property, which is regulated by the value thereof and is based upon a valuation of not exceeding fifty dollars unless a greater value is declared, the shipper agrees that the value of said property is not more than fifty dollars, unless a greater value is stated herein...

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