Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 83H.O. Houghton and Company, 1865 - Law reports, digests, etc |
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action agent agreement Agricultural Branch Railroad amount answer appeared application assignment authority BIGELOW bill Boston by-laws cause charge Charlestown claim Commonwealth contract creditor Cush damages debt debtor declaration deed defendant alleged exceptions defendant's demand demurrer deposition discharge dollars duty entitled equity evidence tending Exceptions overruled Exceptions sustained execution executor facts fendant Fitchburg Railroad Company fraudulent Grand Junction Railroad Gray held highway indorsed injury insolvency instructed the jury Insurance Company interest judgment land liable Lowell ment mortgage notice objection owner paid parties payment person petitioners plaintiff alleged exceptions premises present promissory note proof property insured prove provisions purpose question Railroad Company reason received recover rendered replevin returned rule Samuel Lawrence Southborough statute sufficient superior court tenant tending to show testator testified therein thereof tiff tion TORT town trial trustee usury verdict witness writ
Popular passages
Page 260 - Any married woman may carry on any trade or business, and perform any labor or services, on her sole and separate account, and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used and invested by her in her own name...
Page 134 - Company to do certain acts notwithstanding those statutes. In the course of his judgment the Chief Justice says, Vaughan, 351: "A dispensation or license properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful which without it had been unlawful.
Page 104 - They can exercise no powers but those which are conferred upon them by the act by which they are constituted, or such as are necessary to the exercise of their corporate powers, the performance of their corporate duties, and the accomplishment of the purposes of their association. This principle is derived from the nature of corporations, the mode in which they are organized, and in which their affairs must be conducted.
Page 102 - And where a municipal corporation elects or appoints an officer, in obedience to an act of the legislature, to perform a public service, in which the corporation has no private interest and from which it derives no special benefit or advantage in its corporate capacity, such officer cannot be regarded as a servant or agent of the municipality, for whose negligence or want of skill it can be held liable.
Page 514 - But the rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...
Page 521 - Brown, his executors, administrators, or assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and every of them, firmly by these presents.
Page 102 - The grounds of exemption from liability, as stated in the authorities last named, are that the corporation is engaged in the performance of a public service, in which it has no particular interest, and from which it derives no special benefit or advantage in its corporate capacity, but which it is bound to see performed in pursuance of a duty imposed by law for the general welfare of the inhabitants, or of the community...
Page 563 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Page 229 - English, surrendered to the use of himself for life, and after to the use of his eldest son and his heirs, if he...
Page 225 - It is a settled rule of law, that a gift shall not be deemed to be an executory devise if it is capable of taking effect as a remainder; and it is equally well settled, that no remainder will be construed to be contingent which may, consistently with the intention, be deemed vested.