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absent action agreed agreement alleged Allen allowed amount answer appear applied appointed assignment attachment authority bank bill bonds Boston building cause charge claim Commonwealth Company consideration contained contended contract conveyed corporation creditors damages debt decree deed defendant delivered demandant determine directed discharge effect entered entitled equity evidence exceptions execution fact filed finding follows give given Gray held injury intent interest issue judge judgment jury justice land liable maintain Mass matter mortgage necessary notice objection offered officer owner paid parties payment person plaintiff possession premises present presiding prove question Railroad reason received recover rule signed sold statute Street sufficient suit Superior Court taken thereof tion Tort town trial trust verdict wall witness writ
Page 515 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 516 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 294 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a person having a corresponding interest or duty, although it contain criminating matter which, without this privilege, would be slanderous and actionable...
Page 514 - Any association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or District where the bank is located...
Page 212 - ... in full confidence that she will do what is right as to the disposal thereof between my children, either In her lifetime, or by will after her decease,' or 'to be at her disposal in any way she may think best for the benefit of herself and family...
Page 89 - ... required by statute, incorporates in itself by reference any document or paper not so executed and witnessed, whether the paper referred to be in the form of a will or codicil, or of a deed or indenture, or of a mere list or memorandum, the paper so referred to, if it was in existence at the time of the execution of the will, and is identified by clear and satisfactory proof as the paper referred to therein, takes effect as part of the will, and should be admitted to probate as such.
Page 571 - the general rule of law is that a person who is not a party to a simple contract, and from whom no consideration moves, cannot sue on the contract, and that, consequently, a promise made by one person to another, for the benefit of a third person who is a stranger to the consideration, will not support an action by the latter...
Page 459 - Every guardian appointed as provided in the preceding section has the care and custody of the person of his ward, and the management of all his estate, until such guardian is legally discharged...
Page 259 - All that can be required of a trustee to invest is that he shall conduct himself faithfully and exercise a sound discretion. He is to observe how men of prudence, discretion, and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety of the capital to be invested.
Page 206 - building:" generally means any structure or edifice enclosing a space within its walls, and usually covered by a roof, the purpose of which is, for example, to provide shelter or housing, or to provide working, office, parking, display, or sales space. The term includes, for example, structures such as apartment houses, factory and office buildings, warehouses...