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accident action agent agreed agreement alleged Allen amount appeared apply appointed assignment authority Bank bill bond Boston building called caused certificate charge child claim Commonwealth Company condition considered construction contract corporation count court damages dated death decree defendant defendant's direct duty entitled equity evidence exceptions executed fact filed follows further give given held injury instructions intention interest issue judge jury KNOWLTON land liability March Mass master mortgage negligence notice offered opinion owner paid parties passed payment person petition petitioners plaintiff Present provision question Railroad Railway reason received recover referred refused request rule shares SHELDON statute Street suit taken testified tion Tort town track train trial trust verdict witness writ
Page 587 - The sale, transfer or assignment, in bulk, of any part or the whole of a stock of merchandise, or merchandise and the fixtures pertaining to the conducting of said business, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the business of the seller, transferrer or assignor, shall be void as against the creditors of the seller...
Page 226 - On the other hand, where the question is one of public right, and the object of the mandamus is to procure the enforcement of a public duty, the people are regarded as the real party...
Page 529 - ... shall be subject to and pay into the treasury of the Commonwealth, annually, a tax at the rate of five mills upon each dollar of the actual value of its whole capital stock...
Page 214 - AC 239. We do not rest our decision in this case (as we have been urged to do by the plaintiff) on cases like Peabody v. Norfolk, 98 Mass. 452, Lumley v.
Page 418 - Drake, testified positively that in their opinions he was under the influence of intoxicating liquor at the time of the accidents in question.
Page 214 - ... the two is recognized by Wells, J., in Walker v. Cronin, 107 Mass. 555; the first count in that case went on the first right, and the second and third counts on the second right. Again, the existence of the two is recognized and stated by Holmes, J., in May v. Wood, 172 Mass. 11, 14, 15, 51 NE 191.
Page 578 - ... when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail ; that always in such cases (the heirs) are words of limitation of the estate, and not words of purchase.
Page 608 - And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order.