Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts
Massachusetts. Supreme Judicial Court, Ephraim Williams, Dudley Atkins Tyng, Octavius Pickering, Theron Metcalf, Albert Gallatin Browne, Luther Stearns Cushing, Horace Gray, Charles Allen
Little, Brown, 1899 - Law reports, digests, etc
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action agreed agreement Allen amount appear Ashley School assessed assessors assignment authority bill in equity bill of lading Boston cause charge claim common law Commonwealth Company contended contract conveyance conveyed corporation court of equity creditors Cush damages death debt deceased declaration decree deed defendant defendant's delivered dollars entitled execution executor fact fendant filed fraud fund granted Gray heirs held husband indictment Insurance Joseph Wall judge judgment land lease liable Macloon ment mortgage National Bank notice owner paid parties payment person petitioners plaintiff premises probate court promissory note prove provisions purchase purpose question Railroad real estate reason received recover rule shares Shelburne Falls sold statute statute of frauds street suit superior court tenant tending to show testified thereof Thomas Wall tiff tion town trial trustees verdict vote wife writ
Page 242 - An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof...
Page 60 - ... liable as a stockholder accordingly ; and the estates 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 50 - ... used and practised, the parties have a right to a trial by jury ; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Page 395 - It has been long established that, when an Act of Parliament is repealed, it must be considered (except as to transactions past • and closed) as if it had never existed.
Page 243 - ... may make contracts, sue and be sued, complain and defend, in any court of law and equity as fully as natural persons...
Page 463 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 114 - Is that it must be sufficiently significant in character, and sufficiently near In point of time, to have a tendency 'to lead the guarded discretion of a reasonable and Just man' to a belief in the existence of this important element in the fact to be proved.
Page 586 - State within which the association is located; but the Legislature of each State may determine and direct the manner and place of taxing all the shares of national banking associations located within the State, subject only to the two restrictions that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Page 323 - The personal property of literary, benevolent, charitable and scientific institutions and of temperance societies incorporated within this commonwealth, the real estate owned and occupied by them or their officers for the purposes for which they are incorporated...