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action admitted agent agreed alleged amount appears applied assignment authority bank bill bond Boston bound brought cause charge claim commissioners common Commonwealth Company consideration constitution construction contract conveyed corporation court creditor damages debt debtor decided decision deed defendant delivered demanded discharge effect established evidence exceptions execution facts further give given grant ground held hold insolvent instructions intention interest issue judge judgment jury justice land liable limits loss maintain Mass matter mortgage necessary notice objection officer opinion owner paid parties passed passengers payment persons Pick plaintiff possession premises present principle proceedings proprietors prove provisions question reason received recover regard road rule statute sufficient suit taken tenant tion town trial whole witness writ
Page 85 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 313 - The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory, it is so odious, that nothing can be suffered to support it, but positive law.
Page 316 - No principle of general law is more universally acknowledged than the perfect equality of nations. Russia and Geneva have equal rights. It results from this equality that no one can rightfully impose a rule on another. Each legislates for itself, but its legislation can operate on itself alone.
Page 520 - These are part and parcel of the contract itself, and must have been in the contemplation of the parties when the agreement was entered into. But if they are such as would have been realized by the party from other independent and collateral undertakings, although entered into in consequence and on the faith of the principal contract, then they are too uncertain and remote to be taken into consideration as a part of the damages occasioned by the breach of the contract in suit.
Page 199 - The which clearly to determine, it is declared that in all creeks, coves, and other places about and upon salt water, 'where the sea ebbs and flows, the proprietor of the land adjoining, shall have propriety to the low water mark, where the sea doth not ebb above a hundred rods, and not more wheresoever it ebbs further...
Page 129 - ... rule that money paid under a mistake of law cannot be recovered back, namely, where the money is so paid to an officer of the court.
Page 510 - Gilman, esq., one of the justices of the peace within and for the county of Franklin, in the State of Vermont, came Chellis F. Safford, grand juror within and for the town of St. Albans, in...
Page 340 - ... to do some act for the benefit of a third, the latter, who would enjoy the benefit of the act, may maintain an action for the breach of such engagement...
Page 622 - State, from any port or place without the same, with alien passengers on board, the officer or officers whom the mayor and aldermen of the city, or the selectmen of the town, where it is proposed to land such passengers, are hereby authorized and required to appoint, shall go on board such vessels and examine into the condition of said passengers.