Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 58

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H.O. Houghton and Company, 1866 - Law reports, digests, etc
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Page 66 - West; and for this purpose, they shall have all the powers and privileges, and be subject to all the duties, restrictions, and liabilities, set forth in the thirtyeighth and forty-fourth chapters of the Revised Statutes.
Page 258 - ... shall nevertheless be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.
Page 576 - ... payments, securities, conveyances or transfers of property, or agreements made or given by any bankrupt in contemplation of bankruptcy, and for the purpose of giving any creditor, endorser, surety, or other person any preference or priority over the general creditors of such bankrupt...
Page 400 - After the pleadings had been completed the case was submitted to the court upon an agreed statement of facts. The facts agreed upon, so far as they are pertinent to the questions presented, are as follows :
Page 367 - The defendant also appeals from the denial of a motion to set aside the verdict as against the weight of evidence and unsupported thereby.
Page 44 - ... manner that the performance goes to the benefit of the other party, whether this was done within the year or not, it undoubtedly lays the foundation of a recovery against the party benefited by such performance. But when the contract, on the part of this party, was not to be performed within one year from the time it was made, the recovery is not upon the contract, but upon the quantum meruit, or valebat, or upon money counts.
Page 563 - Every person of full age and sound mind, being seized in his own right of any lands, or any right thereto, or entitled to any interest therein descendable to his heirs, may devise and dispose of the same by his last will and testament, in writing ; and all such estate not disposed of by will shall descend as the estate of an intestate, being chargeable in both cases with...
Page 39 - But the law, in holding that a vendor, who has thus given credit for goods, waives his lien for the price, does so on one implied condition, which is, that the vendee shall keep his credit good. If, therefore, before payment, the vendee become bankrupt or insolvent, and the vendor still retains the custody of the goods, or any part of them ; or if the goods are in the hands of a carrier, or middle-man, on their way to the vendee, and have not yet got into his actual possession, and the vendor, before...
Page 217 - Probable cause is defined as such a state of \facts, in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion that the per•son arrested is guilty.
Page 247 - ... interfere, then the burden of proving negligence on the part of the defendant, and ordinary care on the part of the plaintiff, is on the plaintiff. If the jury believe, that the act of interference in the fight was unnecessary, then the burden of proving extraordinary care on the part of the defendant, or want of ordinary care on the part of the plaintiff, is on defendant.

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