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action of assumpsit admissible adverse possession agreed agreement alleged amount appear assessed assignee assumpsit Austin authority bill bond Boston Boston and Worcester Burbeck Capen & Drake's claim commenced common counts common law common pleas contract conveyance conveyed corporation court of common covenant creditor Curtis damages debt debtor deceased declarations deed defendant demandant dollars drafts Drake Elbridge G entitled equity evidence execution executor fact flats Greenl held Hogins Hooper Horace Gray I. F. Woodman indorsed insolvent instructed the jury James Long judge judgment land liable ment mortgage nonsuit northern line objection offered opinion owner paid parties payment persons Pick plaintiff possession premises promissory note proved question received recover refused replevin respondents Richard Haughton rule shares statute statute of frauds suit tenant term testator thereof tiff tion trial trustees verdict vessel vote wharf witness writ
Page 534 - ... if, after any cause of action shall have accrued, the person against whom it has accrued shall be absent from, and reside out of the state, the time of his absence shall not be taken as any part of the time limited for the commencement of the action.
Page 203 - ... and funds in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 117 - ... void as to the whole property insured. Another rule of interpretation is, that the terms of a contract are to be understood so as to have an actual and legal operation, and the construction is to be such that the whole instrument or contract and every part of it may take effect, if it be possible consistently with the rules of law and the intention of the parties.
Page 550 - Company that the foregoing is a just, full and true exposition of all the facts and 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 441 - In the construction of a contract the court must bear in mind the situation of the parties, the subject-matter of the contract, and the intention of the parties in making it, and should carry that intention into effect so far as the rules of language and the rules of law will permit.
Page 118 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 231 - It is further claimed that the verdict was so excessive as to indicate that it was the result of passion or prejudice. As stated, the trial court was of the opinion that the finding of the jury as to the extent of the damage, namely, $12,500, was not supported by the evidence, and directed that the verdict be set aside and a new trial granted on the ground that the same was excessive unless plaintiff remit the sum of $6,500.
Page 351 - ... entitled to all the rights and privileges, and subject to all the liabilities, to which the original party insured was entitled and subjected under this act.
Page 351 - ... may have the same ratified and confirmed to him, her, or them, for his, her, or their own proper use and benefit, upon application to the directors...