Massachusetts Reports, Volume 214H.O. Houghton and Company, 1914 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
accident action agreement Allen amount appeared Attorney Bailey Bank bill of lading Boston Elevated Railway BRALEY carrier caused charge Christy Company claim cold cut Colony Street Commonwealth Company contract corporation COURCY creditors damages decree deed defendant alleged exceptions defendant's duty employee entitled evidence Exceptions overruled executor facts February 27 fendant filed finding foreclosure Fowle fraud HAMMOND Hartford Railroad held Henry Siegel indorser instructions intestate issue jury Justices land liability LORING machine Manuf Mass matter of law mortgage MORTON motorman negligence opinion Otis Elevator Company owner paid parties passenger payment personal injuries petitioner plaintiff Present presiding judge purchase question real estate reason received recover requested RUGG rulings SHELDON Smith statute Street Railway Suffolk suit in equity Superior Court sustained testator testified testimony tiff tion TORT trial trust verdict warranted wharf witness Writ dated
Popular passages
Page 261 - A person shall be deemed to have given a preference if, being insolvent, he has, within four months before the filing of the petition, or after the filing of the petition and before the adjudication, procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such...
Page 221 - ... bill, the subsequent negotiation thereof by that person under any sale, pledge, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation.
Page 356 - By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved; 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Page 149 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were negotiable. But a holder who derives his title through a holder in due course...
Page 356 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5.
Page 150 - Where the instrument is paid by a party secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
Page 220 - ... agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 220 - The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty...
Page 221 - Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor. "Warehouseman" means a person lawfully engaged in the business of storing goods for profit. (2) A thing is done "in good faith...
Page 386 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...