Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 43

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H.O. Houghton and Company, 1864 - Law reports, digests, etc

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Page 348 - ... shall embezzle or fraudulently convert to his own use, or shall take or secrete with intent to embezzle and convert to his own use, .without consent of his employer or master, any money or property of another...
Page 285 - And it was resolved by the whole Court' that payment of a lesser sum on the day in satisfaction of a greater cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility a lesser sum can be a satisfaction to the plaintiff for a greater sum; but the gift of a horse, hawk or robe, etc. in satisfaction is good.
Page 287 - ... resolved, that the payment and acceptance of parcel before the day in satisfaction of the whole, would be a good satisfaction in regard of circumstance of time; for peradventure parcel of it before the day would be more beneficial to him than the whole at the day, and the value of the satisfaction is not material...
Page 123 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature ; such parts only cxcepted as are repugnant to the rights and liberties contained in this Constitution.
Page 336 - Every subject has a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions...
Page 299 - ... as fully and amply, to all intents and purposes, whatsoever, as the courts of King's Bench, Common Pleas, and Exchequer within his majesty's kingdom of England have or ought to have...
Page 199 - Шт. 386) defines an executory devise to be strictly. such a limitation of a future estate or interest in lands or chattels (though in the case of chattels personal, it is more properly an executory bequest) as the Law admits in the case of a will, though contrary to the rules of limitation in conveyances at Common Law.
Page 404 - Dyer, the recovery was upheld, as the court said, "upon the principle of law long recognized and clearly established, that when one person, for a valuable consideration, engages with another by a simple contract, 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; that it does not rest upon the ground of any actual or supposed relationship between the parties as some of the earlier cases would...
Page 252 - In Brown v. Higgs (m), Lord Eldon stated the principle of all the cases on this subject to be, that if the power is a power which it is the duty of the party to execute, made his duty by the requisition of the will, put upon him as such by the testator, who has given him an interest extensive enough to enable him to discharge it...
Page 671 - At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning his estate and property and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and such judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.

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