Massachusetts Reports, Volume 152

Front Cover
H.O. Houghton and Company, 1891 - Law reports, digests, etc
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Page 237 - Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, propriety and territorial rights of the same, and every part thereof.
Page 186 - In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of 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 their capital.
Page 316 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
Page 246 - Constitution was adopted. was most certainly intended and referred to when it was declared in that instrument that the judicial power of the United States shall extend "to all cases of admiralty and maritime jurisdiction.
Page 567 - Trial in the Superior Court, before Barker, J., who, after a verdict for the plaintiffs, reported the case for the determination of this court, in substance as follows. The plaintiffs purchased the land on which the barn mentioned in the declaration stood on July 19, 1887.
Page 245 - The title thus held is subject to the paramount right of navigation, the regulation of which, in respect to foreign and interstate commerce, has been granted to the United States. There has been, however, no such grant of power over the fisheries. These remain under the exclusive control of the State, which has consequently the right, in its discretion, to appropriate its...
Page 251 - ... United States common to the inhabitants or the citizens of the United States, upon which we express no opinion, the statute may well be considered as an impartial and reasonable regulation of this liberty ; and the subject is one which a State may well be permitted to regulate within its territory, in the absence of any regulation by the United States. The preservation of fish, even although they are not used as food for human beings, but as food for other fish, which are so used, is for the...
Page 424 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 209 - ... are a man and a woman who are not married to each other but prefer each other to their actual mates.
Page 246 - Whatever soil below low-water mark is the subject of exclusive propriety and ownership belongs to the state on whose maritime border and within whose territory it lies, subject to any lawful grants of that soil by the state or the sovereign power which governed its territory before the declaration of independence.

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