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action of tort agreed agreement alleged amended amount appeared beneﬁciaries beneﬁt bill Bleachery bond Boston Elevated Boston Elevated Railway Burroughs certiﬁcate claim Commonwealth contract corporation creditors damages deed defendant defendantís demurrer directed verdict employee entitled evidence exceptions facts fendant ﬁled ﬁnal decree ﬁnd ﬁnding ﬁre ﬁrst ﬁve ﬂoor foreclosure fraud held indorsed interest interlocutory decree jury land lease liability Mass ment mortgage motion National Bank negligence notice opinion overruled owner paid parties payment personal injuries petition petitioner plaintiff plaintiﬁ premises Probate Court proﬁts purchaser question Railroad Railway real estate reason received recover refused request rule sell shares Shepard speciﬁc statute statute of frauds stockholders Street Suffolk suit in equity Superior Court supra sustained tenant testator testiﬁed testimony thereof tion tort trial judge Trust Company verdict vote Washburn workmenís compensation act Writ dated