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accident action adverse possession agreement alleged exceptions Allen amount appears assessment attorney Barker bill in equity bond Boston Boston Elevated Railway Braley charge claim commissioners common law Commonwealth construction contract corporation covenant damages debts decree deed defect defendant defendant's entitled evidence Exceptions overruled fact filed grade grade crossing Hammond Haverhill held horse husband injuries instrument judge judgment jury Knowlton land Lathrop lease lessee liability lien Loring Mass matter mechanic's lien ment mortgage Morton Nahant negligence November 22 October 25 opinion owner paid parties payment person petition petitioner plaintiff possession premises promissory note provision purchase question railroad company real estate reason recover refused request rule smallpox statute statute of frauds street railway company Suffolk superintendent Superior Court sureties tenant testator testified tion Tort town track trial trustee verdict Writ dated
Page 164 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 273 - No action shall lie against the company as respects any loss under this policy, unless it shall be brought by the assured himself to reimburse him for loss actually sustained and paid by him In satisfaction of a Judgment within siity days from the date of such Judgment and after trial of the Issue.
Page 164 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But...
Page 223 - In incorporated cities no franchise must be granted for the purpose herein expressed, unless the consent in writing of the owners of a majority of the frontage upon the...
Page 163 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 269 - The assured shall not settle any claim except at his own cost, nor Incur any expense, nor Interfere In any negotiation for settlement or in any legal proceeding, without the consent of the company previously given In writing, but he may provide at the time of the accident such Immediate surgical relief as is Imperative.
Page 273 - Against loss from common law or statutory liability for damages on account of bodily injuries, fatal or non-fatal, accidentally suffered within the period of this policy by any...
Page 228 - ... to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto.
Page 317 - But when the word jus is used in the sense of denoting a private right, that maxim Has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law, but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded upon a common mistake.