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absent acceptance action agent agreed agreement alleged Allen amount answer appeared assessment assignment authority bank benefit bill Boston building called cause charge claim common Commonwealth consideration contained contract conveyed corporation count court damages debt defendant defendant's direct dollars effect entered entitled evidence examination exceptions execution facts filed further give given Gray held hundred injury instructions intent interest issue judge judgment jury land letter LORD maintain March Mass matter mortgage notice objection offered officer owner paid parties passed payment person petitioner plaintiff present prove purchase question railroad reason received recover referred refused requested rule signed statute Street sufficient Suffolk Superior Court taken testified thereof tion tort town trial trust witness
Page 120 - ... no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate; but by the judgment of his peers, or the law of the land.
Page 653 - Rent to become due" means intervening rent. — The condition of a recognizance upon an appeal from the judgment of a justice of the peace in an action of forcible entry and detainer was, by the memorandum returned, that the conusors prosecute their appeal "and pay all rent due and to become due, and all intervening damages and costs." Held, that the expression "rent to become due" must be construed to mean intervening rent, and was in substantial conformity with this section.
Page 182 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.
Page 406 - We have no doubt that, in all offences which involve damages to an injured party for which he may maintain an action, it is competent for him, notwithstanding they are also of a public nature, to compromise or settle his private damage in any way he may think fit.
Page 254 - special reference being had to assured application No. 20,157, which is hereby made a part of this policy and a warranty on the part of the assured ; " " loss, if any, payable to Israel May, mortgagee, as his interest may appear.
Page 120 - No freeman shall be taken or imprisoned, or be disseised of his freehold or liberties or free customs, or be outlawed or exiled, or any otherwise destroyed ; nor will we pass upon him nor condemn him but by lawful judgment of his peers or by the law of the land.
Page 153 - Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it.
Page 291 - Upon a sale of specific goods for a specific price by parting with the possession, the seller parts with his lien. The statute contemplates such a parting with the possession, and therefore, as long as the seller preserves his control over the goods so as to retain his lien, he prevents the vendee from accepting and receiving them as his own within the meaning of the statute.
Page 123 - ... or constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose. And provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the general court.
Page 284 - Any act of a permanent character, done by the landlord, or by his procurement, with the intention and effect of depriving the tenant of the enjoyment of the premises demised, or of a part thereof, to which he yields and abandons possession, may be treated as an eviction.