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ACTION OF CONTRACT Administrator agreement alleged exceptions amount answer application arrest assessment assignment attachment averred barque bill bond breach by-laws Carlton claim Clark commenced common law common pleas Commonwealth condition conveyed corporation court of common court of equity covenant creditor Cush damages debt debtor declaration deed defendant defendant's demand discharge Eastport entitled equity evidence Exceptions overruled execution fact Fire Insurance Company grantor Greenl indorsed insolvent instructed the jury interest issue judge judgment land lease liable liquors loss maintain ment mortgage Mount Hope Mutual Fire Insurance Mutual Insurance notice objection Old Colony Railroad paid parties payment Perry person Pick plaintiff possession premises promissory note prove provisions purchase question Railroad real estate recover replevin rule sold statute statute of frauds stipulation suit tenant thereof tiff tion TORT trial trustee verdict void warrant Worcester writ
Page 208 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary, or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Page 3 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 72 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, II East, 60, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover ; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 119 - Wright (a), it was held that an action for money had and received...
Page 264 - ... mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever.
Page 68 - This rule is obviously founded on the great principle of social duty, that every man, in the management of his own affairs, whether by himself or by his agents or servants, shall so conduct them as not to injure another; and if he does not, and another thereby sustains damage, he shall answer for it.
Page 186 - ... company after the expiration of twelve months next after such loss or damage shall have occurred, the lapse of time shall be taken and deemed as conclusive evidence against the validity of such claim thereby so attempted to be enforced.
Page 97 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 291 - Each of said notes shall be payable, in part or in whole, at any time when the directors shall deem the same requisite for the payment of losses by fire or inland navigation, and such incidental expenses as may be necessary for transacting the business of said company.