Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 66 (Google eBook)

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H.O. Houghton and Company, 1866 - Law reports, digests, etc
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Contents

228
10
581
22
579
29
117
36
319
13
415
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259
624
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643

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Page 148 - And if the said insured or his assigns shall hereafter make any other insurance on the same property, and shall not, with all reasonable diligence, give notice thereof to this corporation, and have the same indorsed on this instrument, or otherwise acknowledged by them in writing, this policy shall cease and be of no further effect.
Page 385 - The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.
Page 101 - It is unnecessary for us to pass upon the question as to whether the trial court was correct in holding that the burden of proof was on the defendants to show that the plaintiff...
Page 177 - ... in the construction and maintenance of its lines of wire and other appurtenances, and in carrying on its business, so as to make the same safe against accidents, so far as such safety can, by the use of such care and diligence, be secured. If it observed such degree of care, it was not liable. If it failed therein, it was liable for injuries...
Page 418 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk.
Page 425 - ... concealment is the designed and intentional withholding of any fact material to the risk, which the assured in honesty and good faith ought to communicate...
Page 477 - In determining it, we must look to the declared purposes of the act, and if a public use is declared, it will be so held, unless it manifestly appears by the provisions of the act, that they can have no tendency to advance and promote such public use.
Page 478 - The establishment of a great mill power for manufacturing purposes, as an object of great public interest, especially since manufacturing has come to be one of the great public industrial pursuits of the Commonwealth...
Page 426 - Policy is made and accepted in reference to the terms and conditions hereto annexed, which are to be used and resorted to in order to explain the rights and obligations of the parties hereto, in all cases not herein otherwise specially provided for.
Page 365 - An owner cannot commit barratry. He may make himself liable by his fraudulent conduct to the owner of the goods, but not as for barratry.

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