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Other editions - View allCommon terms and phrasesaction agreement amount appeared assignment Assumpsit attachment bank Bardwell bill bond Boston brig chose in action cited claim consideration contended contract conveyance conveyed corporation Court court of equity covenant creditors damages debt debtor deck deed defendants delivered the opinion demand demurrer entitled equity erected evidence execution facts fee simple fendant fraudulent Gardner and Hobart gateways given grant held Howard & Lathrop indenture intention interest Isaac Clark John Fowle Johns judgment jury land Lanesborough lease legislature liable Mass ment mill mortgage nonsuit notice objection overseers owner paid pari delicto parties payment persons Pick plaintiff pond promissory note proved purchase quantity question real estate recover Revised Stat rule seisin Shaw C. J. statute stone flume street suit surety tenant testator thereof tion town trial trust valid verdict versus vessel void water power wife witness writ writ of right Popular passagesPage 95 - SHAW, CJ, delivered the opinion of the Court. This is an application by the defendant, to set aside the verdict and grant a new trial, on the affidavit of the jurors, that in the assessment of damages they made a mistake. The mistake alleged was this, that in estimating the value of the goods which were the subject of controversy, one witness only was examined, who testified as to the quality, condition and cost of the goods, and to his... Bibliographic information
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